header-logo header-logo

Insurance surgery: Stressing the point

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll