A recent survey indicated that over half a million individuals in Britain believed in 2003/2004 that they were experiencing work-related stress at a level that was making them ill. Legal action in such circumstances can only commence once the damage has been done.

These cases are not the most straightforward of cases and you should seek professional advice from us. It is important to note under current law, employers should provide a safe place to work, safe plant and equipment, a safe system of work and reasonably competent fellow employees. Failure to do so may be used to prove fault and negligence by the employer.

Stress claims are notoriously difficult to pursue as there are many hurdles to overcome. The basic principles we will want to consider are:

Can you prove the conduct that caused the stress related condition actually took place? (Eg. Bullying)

Should your employer have reasonably forseen that this conduct could have caused harm/injury?

Could your employer, by the exercise of reasonable care, have taken steps that would have avoided the harm caused to you?

There are a number of cases which have already been decided by the courts which have laid out further guidance for lawyers to use when pursuing this type of case:

This involved a teacher who claimed to have been overworked by her employers. She also had personal problems at home and she was assaulted at work. This claimant was unsuccessful because she had given no indication to her employers of her inability to cope at work.

The claimant in this case was a manager who went off work with stress and returned with a more flexible arrangement. However, when he stood in for a manager who was on holiday from work he was exposed to more stress. The claimant in this case was successful in pursuing a claim as the courts said his employers should have taken more care to monitor his work.

The claimant was an acting director of services who was sworn at by his supervisor in front of other colleagues. You would think this would be enough to succeed in a claim but because the courts did not consider the claimant to be particularly sensitive and his employers had a counselling service he could have taken advantage of, the claimant lost his case.

Every case is different but to succeed with a claim for stress you will need to show that you have taken steps to alert your employer to the stress you are under and you have sought medical help by way of counselling or other medical advice/treatment.

However, whatever the circumstances of your claim, we at J S Miller are here to listen and do what we can to achieve justice and provide support to you whether we simply answer a few questions you may have or assist you in dealing with a full claim for compensation.

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