BBC News Online reported last week a call by trade union Prospect for the Government to legislate to “ban out of hours emails from bosses” or, beneath the headline, to “ban bosses from routinely emailing or calling outside set working hours“. This looks like the proposed introduction into English law of the “right to disconnect” … Continue Reading
Back in 2017 we posted a piece about the difference between disability and unhappiness at work. In that case, Mr Herry had been off work for over a year but still failed to establish that he was disabled. In large part this was because his absence was felt not to be the result of an … Continue Reading
There is a risk when you comment in any way critically on reports on workplace stress that you come across as some form of Victorian mill-owner, a keen believer in cold showers, beatings and the maintenance of staff morale through the periodic execution of slackers.… Continue Reading
Here is an interesting little question about how far an employer needs to formalise steps taken to accommodate an employee’s disability. Mr Brangwyn went to work for South Warwickshire NHS Foundation Trust in 2008 as Occupational Therapy Technician. This was not directly a medical role but did involve some time escorting patients around the building … Continue Reading
Today we cross to the Emerald Isle for a recent lesson on bullying and negligence issued by the Irish Court of Appeal. Though not binding on the UK Courts, it is hard to see that any very different principles could apply here.… Continue Reading
If you’ve been compulsively checking your works email throughout the holiday season, why not take the opportunity to relocate to France? Since January 1 this year French workers have had the “right to disconnect” outside work hours, say all the Press reports, but the reality is slightly different. The new law lays down no absolute … Continue Reading
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
Today is National Stress Awareness Day in the United Kingdom. This is not to be confused with National Stress Awareness Day in the United States (16th April), or indeed National Stress Awareness Month (also in the US and also April). Quite why April is more stressful in the US and November is more stressful in … Continue Reading
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
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
In Part 1 of this piece https://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
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
Yet another employment law dilemma in Poland has popped up in the media as we trudge towards the end of 2014. Not only Church vs State laws were stirring emotions (Church –v- State in Polish pregnancy dismissal claim) but also Saving Life – vs – Parking Properly was hot on the media agenda at the … Continue Reading
When George Orwell wrote perhaps his best-known book, 1984 was still thirty-five years in the future and thoughtcrime merely a dramatic device to highlight the prospective horrors of a society which would punish for what you thought as quickly as for what you did. Now 1984 is thirty years in the past, and thoughtcrime surely … Continue Reading
