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Work Related Stress
A recent House of Lords decision has held that an employer will be in breach of their duty of care if they fail to make appropriate enquiries regarding the reasons for an employee’s stress and depression, and fail to provide support on the employee’s return to work.
The case underlines the fact that the breakdown in an employee’s health may be reasonably foreseeable, not simply on the basis of what the employer actually knows but what he ought to know by making the appropriate enquiries.
The questions which an employer should consider are:-
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Practical Tips
Be aware that any of the following factors may put you on notice of a future claim:-
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If any of the above applies, make appropriate enquiries to determine the cause of the stress and the steps required to tackle it. For example you should consider other duties or a reduction in the volume of work. At all times you should adopt a sympathetic approach. Remember to notify your insurers if it is alleged or there is reason to believe that the stress is work-related.
