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Stressed out

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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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
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
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