Stress

Law Categories
  • Disciplinary Process (1)
  • Grievance (1)

Horkulak v Cantor Fitzgerald International (2004 IRLR 942 CA)

Foul language in the workplace might be deemed unacceptable if an independent third party would view the situation that way. Regular use of foul and abusive language does not make it acceptable.

Intel Incorporation (UK) Ltd v Daw (Court of Appeal 2007)

An employer might be held liable even without knowing that an employee is susceptible to work-related depression if they are aware of the excessive workload itself. Employers must act on grievances received.

Hatton v Sutherland [2002] EWCA Civ 76 / Barber v. Somerset County Council [2004]

If you do not complain about stress in writing you are unlikely to succeed in a claim for damages. Damage due to stress needs to be reasonably foreseeable by the employer.

Dickens v O2 PLC 2008

If an employee complains about stress, it may not be enough to just provide confidential counseling, or make a referral to occupational health, to discharge the employer’s duty of care.

Walker v. Northumberland County Council (1995)

An employer’s duty to provide a safe system of work extends to the risk of psychiatric illness when it is forseeable.
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