Our webinar on disciplinary proceedings last week began unpromisingly – there is no new law and little new practice to learn, I had to say, not necessarily what you want to hear from your legal training session. Nonetheless, we had several hundred sign-ups, perhaps tribute to the enduring mystique and indeed terror implicit in conducting … Continue Reading
Mental health is clearly an important concern for all employers who wish to promote the wellbeing of their employees. UK employers are now facing costs of up to £45 billion per year because of their employees’ poor mental health, making this an important area for investment. This figure was revealed in the “Mental health and … 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
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
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
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
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
According to some of my older lecture notes, there is or used to be a stress-relieving service available in Tokyo’s business district which involved dogs. An assistant would arrive at the office festooned with small dogs on leads, and hyper-stressed businessmen could spend a calming few minutes stroking their tensions away and into the dog … Continue Reading
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
Are bankers deserving of your pity? That depends on how you define “banker”. If you mean one of the minuscule group (often said to be less than a thousand) who could genuinely be said to be personally culpable in causing the financial crisis in 2008, then clearly not. But if you mean any other of … Continue Reading
A colleague of mine heard the Chief Medical Officer for the SAS say at a recent conference that, “What we have in the SAS is love for each other”. When would you ever hear this sort of comment in the Board Room of UK Ltd? How many managers or partners would say this of their … Continue Reading
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 fifth Aviva Health of the Workplace report came out last month, containing some illuminating insights into the fate of the working lunch in the UK. Once one of the bastions of British industry and protected by centuries of tradition, it now appears a feeble shadow of its former self, put high on the endangered … Continue Reading
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
