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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been signed off work due to stress because I was pushed

Resolved Question:

I have been signed off work due to stress because I was pushed into a role that I did not want and now feel that my employer is making the position so difficult that I am suffering for it. I am now also being treated for depression and on medication, do I have a case against my employer?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: Hi Ben,
Customer: I have been there for seven years
Ben Jones :

Thanks, XXXXX XXXXX would you ideally like to achieve in this situation?

Ben Jones :

OK well 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.


 


As no standalone claim exists for being exposed to stress, the affected employee has the following options open to them if they were going to challenge their employer over this:


 


1. Grievance - this is a formal internal complaint, following which the employer is obliged to investigate the issues and deal with them in an appropriate manner. It should always be the first step in trying to bring the problem to the employer's attention and to try and reach a resolution.


 


2. Constructive dismissal - this occurs where the employee resigns because they feel they were left with no other option in the circumstances. Further considerations include:



  • It must be shown that the employer had acted in breach of the implied terms to provide a safe system of work or through their actions (or inactions) had broken the mutual trust and confidence

  • The breach relied on must be sufficiently serious to justify instant resignation

  • This claim is only available to those with at least 2 years' continuous service with their employer and must be made within 3 months of resigning.


 


3. Personal Injury - this is a claim for negligence against the employer. Further considerations include:



  • Some recognised illness must have been suffered. This could include clinical depression, specific trauma stress, a physical injury (e.g. stroke), etc.

  • The illness must have been caused directly by the employer's negligence, such as failing to appropriately deal with managing stress in the workplace

  • The illness must have been reasonably foreseeable - for example if the employee experienced one breakdown, that would have indicated to the employer that there is a problem and that further issues could arise if things were not dealt with appropriately.

  • The time limit to claim is 3 years from the time the injury was suffered.


 


In the first instance, I would advise going down the grievance route first and only consider pursuing legal action as a last resort if it is evident that the matter cannot be resolved in any other way.


 

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer: Ben, you have answered the question
Customer: thanks Michael
Ben Jones :

Thanks for getting back to me, all the best

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