Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you been told why it may be a problem?
How long have you worked there for?
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Whilst stress in the workplace is becoming an ever-increasing problem, no specific legislation deals with it. The rights of employees in these circumstances are scattered across various legislation and common law examples.
A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.
In addition, if your depression is serious enough or will last for long enough (more than a year) it will amount to a disability in law. As such you will have extra protection under the Equality Act 2010 and the employer will have a duty to make reasonable adjustments.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:
So the above is what you can use to discuss your situation with the employer and try to find a way forward.
you can consider the internal grievance procedure first, if that is fully followed and still no joy then it is down to some more drastic options, such as resignaiton and constructive dismissal claim
if you are dismissed you claim unfair dismissal, if you resign you claim constructive dismissal. Also at the same time you can make a claim for disability discrimination if your condition amounts to a disability
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