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You may have to be mad to work here

05 March 2009 / Rob Mccreath
Issue: 7359 / Categories: Opinion , Public , Employment , Commercial
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Rob McCreath on the fallout from a high–octane workplace

The workplace is for robust, healthy people, yes? Ill people, especially mentally ill people, should be cared for elsewhere, somewhere out of sight. They should certainly not be recruited and if they slip through the nets craftily set up by the HR department, or if they become ill during employment, they should be discreetly managed out. This is essentially the approach taken by most UK employers. Many would say, in a tough world, it makes good business sense.

But consider this: on average, employers should expect to find that at any one time nearly one in six of their workforce is affected by a mental health condition, such as depression or anxiety. The proportion rises to over one in five if alcohol and drug dependence are also included.

Legal risks

Undoubtedly there are legal risks for employers arising from mental illness in the workplace. Personal injury claims arising where stressful working conditions foreseeably cause psychiatric injury routinely yield

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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