Author: Dennis Chapman
Published: December 8, 2008
Reading time: 1 minute
This article is 13 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
In a recent appeal case (Dickens v O2plc) some interesting points were made which should act as guidance for employees when dealing with potential ‘stress’ cases. A previous case (Hatton v Sutherland) appeared to present some difficulties for employee claimants but this case suggests the difficulties may not be significant in proving the case.
In all cases of negligence there are particular elements:
a) Reasonable foreseeability
The fact that the employee previously complained about the stress and had been coming in late and had told the line manager she didn’t know how long she could keep going before getting ill, was enough to say it was reasonably foreseeable.
b) Breach of duty of care
The company should have sent the employee home even though not signed off by her GP. An offer of counselling was insufficient.
O2 were held to have caused the stress.
d) Stress is still not treated seriously by many employers but it is important to be aware of the early signs to avoid claims