Weightmans Disease-i
03 September 2010
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Stress and harassment claims




Historical perspective
At one time in our legal history, employment law was purely about contracts in which the employee was the weaker party.

A description of the medical condition
Stress may be defined as an anxiety response to life and the events of life. It is the body’s inability to cope with demands put upon it at the point in time.

Medical causation issues
In most stress or harassment claims, you will be presented with a medico-legal report frequently from a Consultant Psychologist or Psychiatrist.

Date of knowledge
Assuming that you will not be presented with a very ‘stale’ claim and that the index event alleged to have caused the stress or harassment took place within the last 6 years, the Defendants will not be able to run the argument that they had no knowledge that their acts or omissions could cause an employee to suffer from psychiatric injury.

Regulations and breach of duty
An attempt has been made in the foregoing section to define what is meant by ‘stress’.

Limitation
We have discussed in earlier sections the Protection of Harassment Act which provides for a limitation period of 6 years as opposed to the usual 3 years for personal injury asbestosis set out in the Limitation Act (1980).

Quantum
The Decision in Vento –v- Chief Constable West Yorkshire Police (2002), provided 3 bands for injuries to ‘feelings’.

Apportionment and contributions
Not usually relevant save that consideration needs to be given as to whether there was any contribution made by other non-occupational stressors to either the claimant’s psychiatric/psychological injury and indeed any claim for past, continuing or future loss of earnings.
Contact
For more information about disease-i please get in touch with Lorna White.



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