The problem of stress is endemic in the UK. The HSE believes that around 5 million people are very stressed by their work. Half a million of workers are furthermore experiencing stress at a level that is making them ill.
It is worth keeping in mind, that your employer has a duty to take reasonable care for employees' health. This is a common law and a statutory duty under the Health and Safety at Work Act 1974.
Under the Management of Health and Safety at Work Regulations 1999 your employer has to 'make a suitable and sufficient assessment of the risks to the health and safety of his employees'. If your employer has 5 or more employees, then significant findings in the assessment must be recorded. This includes any groups of employees identified as especially at risk.
Suing an employer for psychiatric injury or stress has traditionally been difficult as the employee needs to prove that the employer was negligent or in breach of a contractual duty, that the damage caused resulted from stress caused by work and not otherwise, and that the injury could reasonably be foreseen by the employer.
A case recently decided in the High Court is in keeping with the necessity of 'reasonable foresight' by the employer of the potential for injury to a worker, caused by the employer's demands.
Garrod was a health visitor working 30 hours a week. Her colleague went sick, and G had to provide cover. In June 2001 G suffered a mental breakdown.
In Dec 2001 G gradually returned to work, and by Feb 2002 was working a normal week on reduced hours.
In June 2002 G's colleague became sick, and despite informing her manager that she could not cover for her colleague, was made to arrange cover. Later in June G had a second mental breakdown. She returned to work in August 2002. A return to work programme was agreed in writing. Full support, and a clause not to be asked to cover additional cases was included in the programme.
Subsequently, a colleague went on maternity leave, and G was given 45 extra cases. A third breakdown occured, and G's employment was terminated due to medical incapacity on 4th Dec 2003.
G sued her employer for negligence for the harm caused by the 2nd and 3rd breakdowns.
In deciding the case, the court took into account the fact that the employer had known about the first mental breakdown, and ignored the workers pleas, with regard to not increasing her workload.
Programmes preparing the return to work had been put in place, but not complied with. The employer argued that return-to-work programmes were voluntary, and that the employer should not therefore be liable if they were not implemented.
The judge did not accept this argument, saying that 'having offered her a return-to-work programme the employer cannot complain if he is held liable having failed to adhere to that programme'. The employer had broken its agreements not to increase the workload, and to provide appropriate support for the worker.
Even though G did not in fact work more than a 24 hour week, it was recognised that the stress derived from the imposition of additional responsibility, in having to deal with two caseloads that were not receiving an adequate service.
It was this stressful working environment imposed on a vulnerable person, rather than 'long hours' that resulted in the employer being liable for the illness caused.
If you feel the duty of care towards you has been breached by your employer, you should be able to resign and claim constructive unfair dismissal.
Before resigning your job, always seek advice (You might also wish to read the advice posted on this website first).
© Workrep 7/9/2006