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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75057
Experience:  Qualified Solicitor
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Just need to speak about work, London, None, I report a

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Just need to speak about work
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I report a health problem and no one get back to ne

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please explain your situation in some more detail

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 days ago.
I have made a report to work about my health and no one have responded to me and it make have to hand In my notice at work
Customer: replied 6 days ago.
Ok

Thank you very much for clarifying. How long have you worked there for? Also what is the issue with your health that you reported?

Customer: replied 6 days ago.
12 years and I report that am stressed
Customer: replied 6 days ago.
I all so send it to HR

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Stress is a common occurrence in the busy environments many of us tend to work in these days. It is defined by the Health & Safety Executive as the "adverse reaction people have to excessive pressures or other types of demand placed on them". Whilst certain levels of stress can be helpful, when they become unreasonably high, they can have a serious detrimental effect on a person’s health and wellbeing.

From a legal perspective, employers have a duty under The Health and Safety at Work Act 1974 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 unreasonable levels of stress, the affected employee has the following options open to them if they were going to take this matter further:

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

- The employee must accept that breach and resign in response to it

- This claim is only available to employees 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. Relevant 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 persisting with heavy workload despite complaints it was unreasonable

- The illness must have been reasonably foreseeable - for example if the employee experienced one breakdown, it 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 and only considering formal legal action as a last resort, if it is evident that the matter cannot be resolved in any other way.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.