Claims for Stress & Psychiatric Injury in the Workplace

Introduction

Stress claims have multiplied in recent years. Advising on them is becoming a specialist area in its own right. Whilst the Court of Appeal in Hatton v Sutherland attempted to give comprehensive guidance, subsequent cases have shown that different types of treatment by employers require different approaches from the courts. This course gives practical guidance on the intricacies in each area, drawing on the latest case law.

This interactive course will invite you to engage in a practical way with some tricky issues presented by this type of claim. It is also suitable for both personal injury lawyers and for employment lawyers who need to be able to recognise potential personal injury stress claims. Deciding between an employment tribunal and civil claim will also be covered.

What You Will Learn

This course will cover the following:

• Categorisation and the key factors applying in the different types of stress claim
• The difference between stress and psychiatric injury; the employer's dilemma and the approach of medical experts
• Why does foreseeability matter and what does it mean in practice?
• Latest on foresight and remoteness after Court of Appeal decision in Yapp v FCO
• The different considerations applying to:
• Excessive workload (including the problems created by Dickins v O2)
• Mis-handled disciplinary procedures
• Bullying (including Mullen v Accenture and the difference between bullying and strong management)
• Traumatic events at work
• Failings of management and governance (Connor v Surrey County Council)
• Harassment claims and how they interact with negligence claim
• Protection from Harassment Act 1997; the building blocks of a harassment claim
• Recent cases - how serious does the conduct have to be?
• Differences with common law negligence claims - the practicalities
• Case studies: Group discussion - Factual scenarios - group work and interaction
• Practical issues: Managing stress and litigating stress claims
• Employer clients - advising on some classic scenarios
• Employee clients - advising on some classic scenarios
• What procedures should employers have in place and the role of counselling
• Litigating stress claims:
• Interaction with Employment Tribunal claims for discrimination
• Other Employment Tribunal issues
• Breach of contract claims
• Causation - what does the law actually say?
• Instructing medical experts and 'desk-top' reports
• Limitation - when is the claimant aware they have a claim?
• How much are stress claims worth? PSLA and other damages issues