Tag Archives: mental health

Unwinding settlement agreements through lack of mental capacity

When you sign up a Settlement Agreement with an ex-employee you think that’s the end of the matter, right? Clearly that is the general intention, but we already know that even the most procedurally prim and proper settlement agreement can be undone by evidence that it was entered into by fraud or misrepresentation and now … Continue Reading

Bad medicine – the dangers of contacting an employee during sickness absence

It is a common issue facing employers; you want to start or take next steps with a grievance or disciplinary investigation. To do the right thing you want to meet with the employee to discuss your concerns but the worker is on sick leave or goes sick, often citing work-related stress.  Can you contact the … Continue Reading

Doing the Lambeth Talk – Mr Livingstone, I presume

An interesting new defence to discriminatory harassment claims has been trialled this month by none other than former London Mayor, Ken Livingstone. Our Ken was recently appointed to a senior role in Labour’s Defence Review. Objections were heard from a number of quarters including Shadow Defence Minister Kevan Jones on the seemingly not unreasonable grounds … Continue Reading

Speak now, don’t forever hold your peace – getting the best out of National Stress Day

Today is National Stress Awareness Day, though another long and difficult journey on Thameslink this morning means that actually I am quite stress–aware enough already, thank you for asking. This is not another of those pieces about the business case for countering sources of stress in your workplace.  That is too obvious to bear repetition.  … Continue Reading

Mental health in the City workplace – how are you doing?

No job within the Square Mile is immune from its own stresses or strains.  As the City of London Corporation’s Business Healthy blog notes (https://www.businesshealthy.org/blog/), the recent economic climate has exacerbated these through the invariable requirement that businesses reduce their cost base without adversely affecting their profits.  Undoubtedly, this drive to do more with less … Continue Reading

Ruby waxes lyrical (but misguided) on mental health disclosures

Ruby Wax is a well-known and respected campaigner for mental health issues.  Imagine my surprise, therefore, to open my Times Online (behind a paywall) this week to the headline “Don’t tell your boss if you’re mentally ill, Ruby Wax advises“. I was sure that this was the Times Online taking a quotation out of context to … Continue Reading

Six year delay in claim to UK Tribunal potentially excused by mental health issues

This is Mental Health Awareness Week in the UK, so here are two brief and totally unrelated perspectives on mental health issues in the workplace. First, a cautionary note for employers in relation to Employment Tribunal proceedings brought by sufferers of serious mental health issues.  In Higgins – v – Home Office decided last week, … Continue Reading

UK High Court gives useful recap on liability for stress-induced psychiatric illness in the workplace (Part 3)

In the first two parts of this series (part 1, part 2) we looked at how the Courts still regard the 2002 judgment in Hatton –v- Sutherland as the definitive statement on the law for liability for stress-induced psychiatric injury in the workplace.  However, although still commanding respect in relation to breach of duty and … Continue Reading

UK High Court gives useful recap on liability for stress-induced psychiatric illness in the workplace (Part 2)

In Part 1 of this piece http://www.employmentlawworldview.com/uk-high-court-gives-useful-recap-on-liability-for-stress-induced-psychiatric-illness-in-the-workplace-part-1/ we considered the requirement of foreseeability as a condition of establishing an employer’s liability for stress-related psychiatric harm.  Here we look at the other main ingredient, a breach of duty by the employer. It is not enough that an employee’s illness is as a matter of medical fact … Continue Reading

UK High Court gives useful recap on liability for stress-induced psychiatric illness in the workplace (Part 1)

Every so often, there comes along a case which becomes the new baseline by which decisions in a particular field are made.  In relation to employer liability for psychiatric illness caused by workplace stress, that case is Hatton -v- Sutherland in 2002, still going strong after 13 years and most recently upheld by the High … Continue Reading
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