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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44412
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was off work due to work related stress (excessive

Customer Question

I was off work due to work related stress (excessive workload). Occupational health has advised the employer to reduce my workload and that there was a medical evidence of underlying condition which could give rise to a possibility of serious ill-health. Despite OCH advice the employer refused to give me a reasonable adjustment and subjected me to more work-related stress that continued over an extended period of time. I was off for stress 5 times. I have also made grievances regards ***** ***** and harassment which were rejected. When I made the last grievance they made the investigation. I thought they were taking my grievance seriously but when the internal investigator came up with the conclusion she gave me a shock of my life. She said that my grievances have not been upheld but the grievance of the bullies were upheld to which I knew nothing about. The management used bullies to make false allegations against me which was their nasty plan to get read off me. I am now facing disciplinary hearing against bullies. I never knew of their complaints about me but they knew about mine. For 2 years they never gave me reasonable adjustments but a constant increase of workload and more stress including harassment and bullying. I am now suffering from severe depression and PDST. I don't know anymore what to do.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 2 months ago.

How long have you worked there for?

Expert:  Ben Jones replied 2 months ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44412
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 2 months ago.
I am off sick from work almost 3 month from being retaliated by the manger due to my whistleblowing on him. The employer wrote me a letter stating that they will not make required changes to remove David as my line manager. In addition, they wrote given the outcome of my appraisal appeal and the grievance which both were not upheld they do not see any grounds of which to make any changes. Could you tell me is this a threat and what laws are their breaking? What shall I write as a response? Thx
Expert:  Ben Jones replied 2 months ago.
This is not a threat but you can try and argue that they are breaching their duty of care to take reasonable steps to protect you from any harm or risks. This is a common law duty an employer has. So if there is clear evidence that you are being exposed to harm because you are working with this person and the employer does not take steps to resolve this, then it can be a breach of health and safety and a breach of trust and confidence.
Customer: replied 1 month ago.
As a whistle-blower that is still employed by the company but is taking the company for detrimental treatment which affected their health and for not providing the safe working enviroment to employment tribunal. Can the employee claim the following in their schedule of loss and what is the maximum amount?
1Injury to feelings
2Aggravated damages
3Personal and Psychiatric damages
4Reputation, stigma and defamation damage
5Vicarious liability
Expert:  Ben Jones replied 1 month ago.

Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

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