Tag Archives: stress

The “right to disconnect” in France – there is more to this than you might have read

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

EAT stresses line between disability and unhappiness in the workplace

Fans of the unnecessary medicalisation of management issues in the workplace will be sadly disappointed by a new Employment Appeal Tribunal decision at the end of December. For everyone else, Herry – v – Dudley MBC represents a very sensible and timely reminder of where the line lies between being disabled on the one hand … 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

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

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 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

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

Work-related illness rising in Japan – harassment and overwork to blame?

The Ministry of Health, Labour and Welfare of Japan recently released figures showing a 12% year on year rise in reported work-related illness claims.  In a third of these cases, employees were awarded compensation after claims of ‘power harassment’ or “dramatic and uncompensated rise in workload” were upheld. Of course, instances of workplace harassment are … Continue Reading

UK Court rejects employer’s reliance on inadequate disability opinion

Your employee is sick a lot, mostly stress and related issues.  Keen to respect your statutory obligations if you have any, you repeatedly ask your external Occupational Health provider if this means he is disabled.  You are repeatedly told that he is not, though without any particular depth of enquiry on your part and without … Continue Reading

Stress at work – that Friday feeling

So here I sit on Friday in my designer jeans, Savile Row shirt and of-the-moment socks*, wondering what all the fuss is about. A survey of 2,000 workers by clothes retailer Very is reported in Metro today, shedding a whole new light on workplace stress. You and I might have thought that small matters such … Continue Reading

The blame game – competence and capability

Sick of having to chase your staff to perform?  Don’t see why they claim to be so stressed?  Ever thought it might all be your fault? A recent survey by the Chartered Management Institute provides some statistics which should at first sight have managers everywhere clutching for their laurels.  The survey of over 2,000 employees … Continue Reading
LexBlog