Stress At Work

"I often felt the sweat building up under my clothing. My heart used to beat faster and louder, tears trickled down my face, and I felt a terrible tightness in my stomach. My throat ached , and the weight in my legs brought me to a standstill. I found myself unable to move forward, difficult to go back, all I could do was cry. It wasn't a virus that made me unwell, it was fear. Fear of coming into the building, to the office. They created this fear, and all I could do is stand and cry. They paid me £30k a year for the privilege, and I didn't understand why, nor when it would stop."

This factual statement was made by a client who encountered intolerable workplace conditions. Each morning we travel with the same people, assuming that they possibly have a stimulating and enjoyable day at work.

Unfortunately, for a growing minority, the work experience is anything but fulfilling.

Personal injury lawyers' skills are being tested by an increasing number of calls from people who suffer bullying, degradation, sexism, ageism, disrespect and excessive work demands by their colleagues, or of more concern, by their line managers.

Most people would not dispute the fact that a little stress or adrenaline adds to the professional experience. But, when that experience leads to a devaluation of the individual, those responsible had better watch out, because there are consequences!

Those seeking to control their workforce by such methods should be aware that they may be breaching their duty of care.

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Complaints of injury range from the inability to complete their job, stress, clinical depression, the inability to function as a normal human, are sufficient to bring a claim for personal injury.

For employees the effect will probably be accepted for a lengthy period, until events in their personal lives produce disproportionate results. If you are in this position:-

• ensure you maintain a diary of evidence;
• consider grievance procedures, be aware of your rights within that process;
• if you become ill, seek medical attention, even if it means counselling;
• become aware of your rights in employment law and your remedies.

If all the events supercede this advice, and you have suffered illness, seek the help of a specialist personal injury lawyer, or the help of your trade union. Remember, if you suffer injury you should bring a claim within 3 years.

Employers should be conscious that whether this 'damage' is committed by another employee or line manager, allowing it to continue prevents any defence of lack of forseeability. You owe a duty to your employees to provide a physically and psychologically safe workplace, the demands of the market is no defence.

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In determining the 'right owed' to the employee, the Court will ask:

• was the harm reasonably foreseeable;
• what was the proximate relationship of the parties?
• would it be just and reasonable to impose a duty of care? and
• what is the public policy?

In terms of public policy, those who work for public bodies may also enjoy additional rights under the Human Rights Act. Currently individual and private companies do not have duties under the Act unless they are partly public and partly private. In these circumstances, they may be liable for acts which relate only to their public functions. Examples of 'quasi-public bodies' given by ministers include:

• BBC and ITC (but not independent TV companies).
• Railtrack (for its public rail safety functions but not as a private property developer).

An attack on your integrity as an employee may affect your 'Right to life' (Article 2).

Any degrading treatment , bullying, attacks on your race, sex or gender may be a breach of Art 3, inhuman or degrading treatment.

Failure to respect and adhere to grievance procedures could be a breach of your 'right to a fair hearing' (Article 6).

Unreasonable work demands, inappropriate behaviour, may breach your right to 'respect for private and family life' (Article 8).

Any breach of those rights must be brought before a court within 12 months of the breach.

Critics will cite this as political correctness gone mad. The true labels in such cases where serious psychological illness is suffered are perhaps disrespect, and perverted managerial practice. Either way, it is no longer acceptable behaviour in the workplace.

If you would like to receive advice on your potential stress at work claim, then please contact Tony Hall on +44 (0)121 212 7476 or email tony.hall@anthonycollins.com

• Frequently Asked Questions

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