Courts have done all they can to make it difficult for employees seeking compensation from work related occupational stress. Michael Berrett, a litigation specialist with lawyers, Charles Lucas & Marshall, describes a recent successful case he advised on.

Back in 2000 the Institute of Management published a report entitled, "Taking the Strain". It pointed out that British managers were failing to heed the warning signs of stress and many were failing to survive and thrive in a highly pressured work environment.

Subsequently employers were subjected to an increasing number of claims from employees seeking damages for work related stress.

Since then the Courts have been keen to slow down this bandwagon. There are hoops to be jumped to establish that the employer has breached their legal duty of care. The Courts have outlined these in a number of well publicised cases over the last couple of years. There is a daunting 16 point test which has to be completed successfully.

In a recent case - dealt with at Charles Lucas & Marshall - the claimant was a senior middle manager of the subsidiary of a multi-national corporation. There was a hint that he had been promoted beyond his capabilities in the past.

Things really started to go wrong when benevolent senior management was replaced by an altogether more abrasive and outcome driven style. A tactless email was the culmination of a failure to see eye to eye and resulted in a breakdown.

His condition was treated with some success and he asked to return to work. He recognised that his responsibilities should at least initially be reduced. This was ignored by managers who should have recognised the parlousness of his condition.

He returned to work with his condition unaltered and a further breakdown occurred. From this he has been left with permanent symptoms of anxiety and depression. He cannot work to anything like his former level.

The case was strenuously defended by the employer’s insurers until one month before trial. A compromise was then negotiated resulting in the payment of substantial damages to the claimant and also a veiled apology.

The case was a strong one because the claimant could easily prove that his second breakdown should have been foreseeable by the employer. His GP had even written to the effect to that a gradual return to work was preferred.

Without the claimant having the benefit of legal expense insurance this case was unlikely to have been brought. The costs of taking the insurers to the wire was in the region of tens of thousands of pounds.

In view of the restrictive vibes coming from on high, most personal injury solicitors will be reluctant to take on these cases speculatively or on a ‘no win no fee’ basis.

For further information contact Michael Berrett on 01235 771234 or michael.berrett@clmlaw.co.uk