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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 76021
Experience:  Qualified Solicitor
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I write from Southport. I have been Team Leder in a salad

Customer Question

Hello.
My name is ***** ***** I write from Southport. I have been Team Leder in a salad factory for 2.5 years.
Yesterday I could not stand the stress of constant rushing, observing on cameras and making me realize that I was wrong .. as a consequence I left my workplace all shaken and depressed. I am asking for advice on what to do in this situation. Kind regards.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: uk
JA: What steps have you taken so far?
Customer: This is first step
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.

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.

Expert:  Ben Jones replied 18 days ago.

What are you ideally hoping to achieve in your circumstances? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 18 days ago.
Thank You
Expert:  Ben Jones replied 18 days ago.

What are you ideally hoping to achieve in the circumstances?

Customer: replied 18 days ago.
I didn't do anything wrong and I'm psychologically exhausted, can they do that to people and is it legal ??
Expert:  Ben Jones replied 18 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about this situation and any associated issues.

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.

Expert:  Ben Jones replied 18 days ago.

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.

Expert:  Ben Jones replied 17 days ago.

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.