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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll