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20 January 2009 / Michael Salter , Chris Bryden
Categories: Features , Disciplinary&grievance procedures , Employment
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Stressed out

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Stress in the workplace is a fertile source of litigation, say Michael Salter and Chris Bryden

According to the Labour Force Survey, in 2007–08 an estimated 442 000 workers in the UK believed that they were experiencing work-related stress, at a level that was making them ill.

In the recent case of Dickens v O2 plc [2008] EWCA Civ 1144, [2008] All ER (D) 154 (Oct) the Court of Appeal has given further consideration as to the interpretation and implementation of the guidelines set out in the case of Hatton v Sunderland [2002] ICR 613 as endorsed by the House of Lords in Barber v Somerset County Council [2004] ICR 457.

Dickens makes it clear that the obiter Hatton guidelines must be taken in the context of the case and not applied out of context to contort a case out of recognition.

Susan Dickens worked for O2 between 1991 and 2002, originally as a secretary and latterly as a regulatory fi nance manager. Ms Dickens had suffered a breakdown in her health in

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