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Digg it UP - Stress At Work Claims - An Employer's Guide To Avoiding The Pitfalls
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4. The Court made it very clear that there are no occupations which are so intrinsically stressful th
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The question for employment/personal injury lawyers is when will an employer be liable for a psychiatric illness that is induced by workplace stress? The answer in legal terms is no different to the question of liability for any other injury: when the risk of injury, in this case a psychiatric illness, is foreseeable. Was it foreseeable that this particular employee would suffer a psychiatric illness and not just work-related stress?
SUTHERLAND v HATTON: THE 16 POINT PLAN
2. In Sutherland v Hatton 2002 IRLR 263 the Court of Appeal laid down guidelines as to how courts should deal with negligence claims made against employers by employees with psychiatric injuries.
3. The Court of Appeal stated that an employer will escape liability for an employee's psychiatric injury unless it was reasonably foreseeable that the employee in question would suffer such an injury as a result of occupational stress. That of course is not a new principle.
4. The Court made it very clear that there are no occupations which are so intrinsically stressful tha
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SUTHERLAND v HATTON: THE 16 POINT PLAN
2. In Sutherland v Hatton 2002 IRLR 263 the Court of Appeal laid down guidelines as to how courts should deal with negligence claims made against employers by employees with psychiatric injuries.
3. The Court of Appeal stated that an employer will escape liability for an employee's psychiatric injury unless it was reasonably foreseeable that the employee in question would suffer such an injury as a result of occupational stress. That of course is not a new principle.
4. The Court made it very clear that there are no occupations which are so intrinsically stressful th
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SUTHERLAND v HATTON: THE 16 POINT PLAN
2. In Sutherland v Hatton 2002 IRLR 263 the Court of Appeal laid down guidelines as to how courts should deal with negligence claims made against employers by employees with psychiatric injuries.
3. The Court of Appeal stated that an employer will escape liability for an employee's psychiatric injury unless it was reasonably foreseeable that the employee in question would suffer such an injury as a result of occupational stress. That of course is not a new principle.
4. The Court made it very clear that there are no occupations which are so intrinsically stressful th
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3. The Court of Appeal stated that an employer will escape liability for an employee's psychiatric injury unless it was reasonably foreseeable that the employee in question would suffer such an injury as a result of occupational stress. That of course is not a new principle.
4. The Court made it very clear that there are no occupations which are so intrinsically stressful th
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4. The Court made it very clear that there are no occupations which are so intrinsically stressful that psychiatric injury is always reasonably foreseeable.
5. In the view of the Court the answer to the question of foreseeability will depend upon the relationship between the particular demands of a job and the particular characteristics of the employee concerned. Foreseeability is whether this kind of harm to this particular employee was reasonably foreseeable i.e. injury to health attributable to stress at work. The Court therefore set out and listed a number of factors which were relevant to the issue of foreseeability and these factors were split into two groups.
6. The first group related to the demands of the job and included the following considerations:-
• The nature and extent of the work done by the employee;
• Whether the employee's workload is much greater than is normal for the kind of job which he or she performs;
• Whether the employee's work is particularly intellectually or emotionally demanding;
• Whether demands being made of the employee are unreas
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