Employment

In the context of a claim that stress in the workplace had induced chronic fatigue syndrome, it was insufficient for a claimant to show that his employer knew or ought to have known that he had too much work to do, or even to show that he was vulnerable to stress as a result of overwork. To succeed, he had to show that his employer knew or ought to have known that there was a risk that he would suffer harm, in terms of a psychiatric or other medical condition. Even then it was insufficient merely to show that there was a known risk of some psychiatric or other injury in the future.

The claimant had to show that the employer knew or ought to have known that there was a risk that he would suffer harm of the kind he suffered. Although most employees would have difficulties with the amount or nature of their work from time-to-time, few were at risk of