header-logo header-logo

Stressed out

When are employers responsible for workplace stress? Michelle Marnham investigates

Two recent cases examined the issue of when an employer is considered to be in breach of its duty to take reasonable care in relation to injury caused by stress at work. The first is Hiles v South Gloucestershire NHS Primary Care Trust [2006] EWHC 3418 (QB), [2007] All ER (D) 132 (Jan) in which Robert Moxon Browne QC—after considering the seminal decisions of Hatton v Sutherland [2002] EWCA Civ 76, [2002] All ER 1 and the House of Lords in Barber v Somerset County Council [2004] UKHL 13, [2004] 2 All ER 385—found that the employer was in breach of its duty to Tina Hiles in respect of the psychiatric breakdown she suffered as a result of stress at work.

Hiles was employed by the defendant as a health visitor with responsibility for children. When she commenced employment she was told by her then manager that her workload should not exceed responsibility for 200 children. A new manager was sub-sequently appointed and Hiles’s

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll