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25 March 2010 / Michael Salter , Chris Bryden
Issue: 7410 / Categories: Features , Employment
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Stressed out

Michael Salter & Chris Bryden provide an update on workplace stress

Workplace stress is an all-too-common occurrence, which can have a significant effect on both physical and mental health. Defined by the Health and Safety Executive as “the adverse reaction people have to excessive pressures or other types of demand placed on them”, it is also a fertile source of litigation.

Workplace stress claims do not fall neatly into any particular discipline within the law. Certainly such claims can, and commonly do, give rise to capability dismissals, but in the employment field are more likely to be brought either as constructive unfair dismissals or disability discrimination claims.

Duty of care

Outside of the employment field, a claim for stress-related illness usually is brought in negligence, based upon the duty of care owed by employers to take reasonable steps to protect their employees.

Since 2002 the position relating to workplace stress has been relatively well established. In Sutherland v Hatton [2002] ICR 613 (CA) the Court of Appeal established a number of factors applicable

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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