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. How long have you worked there for?
Hi Ben, just over 8 years
ok let me get my response ready please
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 employees have 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:
3. Personal Injury - this is a claim for negligence against the employer. Further considerations include:
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.
Is there any obligation for the employer to pay any more than 1 months salary if the illness is job related
No, I am afraid ou are only entitled to your contractual sick pay entitlement, regardless of the reasons for your absence
one final question, I know I signed a contract of employment, but was never given a copy, should I have one legally
Yes you may certainly ask for a copy of this contract - you and the employer are both entitled to have a copy so if you have not been issued with one you may certainly ask them for one now
thank you Ben, most helpfull
You are most welcome, all the best