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Compensation for Stress at Work

Compensation for Stress at Work

Compensation for Stress at Work

Author: David Marshall
Publisher: LexisNexis U.K.
ISBN: 9781846611483
Published In: March 2009
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This work sets out the legal framework which defines the duties of the employer and the rights of the employee for stress, harassment and bullying at work.

Stress at work has become the second biggest cause of work-place absence. Employees now increasingly seek legal remedies for psychiatric injury at work and employers face cost and risk. This practitioner’s guide examines the problem of psychiatric injury at work and the overlapping rights in employment law and personal injury law.

Compensation for Stress at Work begins with an examination of the common law principles clarified by the Court of Appeal in Hatton v Sutherland, and developed in subsequent case law, followed by statutory liability for harassment and then goes on to look at the causes of action available in the employment tribunal.

There then follows analysis of how the principles of foreseeability and causation operate in each type of action, what remedies are available to claimants, the limitation periods for such cases and how this operates where there are overlapping claims. The work concludes with more practical chapters on cost and funding, sick pay and permanent health insurance, and tactics in practice.

Expertly drafted precedent material is provided in the appendices, including model client letters, CFA agreements, compromise agreements and Tomlin order.

Stress and Bullying at Work
The Employer's Duties
Common Law Liability for Stress and Bullying at Work
Non-discriminatory Harassment
Liability in the Employment Tribunal
Causation
Remedies
Limitation Periods and Overlapping Claims
Sick Pay and Income Protection Benefit
Costs and Funding
Practical Considerations and Tactics
Precedents

David Marshall, Managing Partner, Personal Injury and Employment Specialist, Anthony Gold; and APIL Past President

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