header-logo header-logo

31 October 2014 / Caroline Coates
Categories: Features , Insurance surgery
printer mail-detail

Insurance surgery: Stressing the point

Caroline Coates provides an update on claims for work-related stress

With the incidence of absences from work as a result of stress-related illnesses increasing and three recent High Court decisions in claims involving occupational stress and harassment, it is a good opportunity to consider the current state of play of claims for work-related stress. 

All three of these cases take as their starting point the 16 “practical propositions” from Hatton v Sutherland [2002] EWCA Civ 76, [2002] 2 All ER 1 when assessing issues of liability. For liability to attach it must be reasonably foreseeable by the employer that this particular employee is at impending risk of psychiatric harm and that such injury is attributable to stress at work as distinct from other factors. Foreseeability depends upon what the employer knows (or ought reasonably to know) about the employee. 

Bailey

In Bailey v Devon Partnership NHS Trust (11 July 2014, unreported) the claimant, a child and adolescent consultant psychiatrist, brought a claim covering two periods of employment—the first leading

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll