Solicitor Brighton

It is true that whilst work can be enjoyable, it can be stressful.  Looming deadlines and long hours all contribute to this stress, which most employees accept.  However, the law does govern how workplace stress is managed.  Should you feel stress at work has not been properly managed and has taken its toll on your health, get in touch with our Brighton solicitors for expert advice on workplace stress legal claims.

What law governs workplace stress?

The common law (legal principles decided on in legal cases) and statutory law govern workplace stress claims.   The Health and Safety at Work Act is particularly relevant and important and demands that the health, safety and welfare of employees is ensured and workplace stress is properly managed.  The Health and Safety Executive Management Standards defines workplace stress as ‘the process that arises where work demands of various types and combinations exceed the person’s capacity and capability to cope’.  The standards require managers required to consider six distinct areas when in managing health and safety and indeed workplace stress.  These areas are Demands (workload, environment and work patterns), Control (the extent to which the employee has a say in their work), support (given by employers to employees), relationships (promoting positive working relationships), role (employers ensuring employees understand their roles) and change (the process of managing organisational change).

Possible claims for workplace stress

There are generally three possible claims including:

• Personal injury as a result of workplace stress
• Constructive unfair dismissal
• Breach of contract

Personal injury claims for workplace stress would be brought forward on the basis the employer failed to fulfil the duty of care they owe to their employees to properly manage stress.  Constructive unfair dismissal arises where an employee is forced to resign due to circumstances which make it impossible or near impossible for him to carry out his work and that might include overwhelming stress.  For breach of contract claims, it can be argued that the health, safety and wellbeing of employees is required by an implied term in contracts of employment and a failure to properly manage stress is a breach of such a term.  We will of course advise you on the possible options available to you and benefits and drawbacks of each type of claim.

Put an end to the stress

If you are or have suffered an intolerable amount of stress in the workplace and want to make sure you are properly compensated, get in touch with our expert workplace stress solicitors in Brighton at your earliest convenience.  Initial consultations are free and are on a no obligation basis, so you really have nothing to lose by finding out the potential strength of your claim.

Are claims available based on bullying at work and/or harassment?

Your employer is responsible legally for the actions of staff, sometimes even if the employer was unaware of such actions, . This is known as vicarious liability. An action is also possible against the individual(s) who may have been harassing you.

The employer may also be liable if appropriate action has not been taken once a complaint has been made.

Bullying and harassment can be physical and/or verbal behaviour and can be communicated in a number of ways such as text messages, emails, verbal and physical communication. The following are examples of bullying and/or harassment:

• verbal abuse or comments
• staring, touching  comments or leering in a sexual way
• offensive gestures
• aggressive physical behaviour

Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.

I feel I am being treated badly at work, is there anything which I can do?

If you feel so ill-treated that you feel you can no longer work there, you may resign and claim constructive dismissal. You can then sue your employers for unfair dismissal.

Should you feel ill-treated on the grounds of race, religion, sex, sexual orientation, pregnancy or disability, you may also sue your employer for discrimination.