Lawyers for Stress Claims Against Employers

Every individual experiences stress in different ways, and what may cause extreme stress for one person, may not affect another, and vice versa. There are a number of different circumstances that can potentially occur in the workplace and may lead to work related stress, including:

• Excessive workload – Employers sometimes expect too much from their employees, and may pile too much work on them, or set tight and unrealistic deadlines, which can cause the employee to worry about how they will possibly meet these expectations.
• Low workload – On the flip side, some employees may find that they are not given a sufficient amount of work to keep them occupied during their working day, and their work related stress could come about due to boredom and lack of stimulation.
• Lack of support – Employees who receive little or no guidance and support from their employer or colleagues can feel quite isolated and lonely which can lead to increased feelings of stress, especially for employees with existing mental health problems that may be exacerbated by stress.
• Too much support – Likewise, some employees can receive too much guidance and support, which can cause a lack of freedom and the feeling of being trapped or controlled, for example those in the police force or armed forces who are governed by strict rules.
• Feeling out of depth – Sometimes an employee may find themselves promoted into a position for which they are under qualified or lacking the necessary experience, for example those promoted into management with no previous experience managing others.
• Inadequate training – Sometimes a person may find themselves in a role for which they lack the skills, and their employer has provided no training, or woefully inadequate training, leaving them ill prepared for tackling their daily workload.
• Threats to job security – Those who are at risk of being made redundant or being fired may experience a great deal of stress. Likewise those working for a company at risk of going out of business will be very worried about their job security.
• Toxic work environment – Some workplaces end up developing a toxic, blame-focussed culture which is not enjoyable to work in and can be a significant cause of employee stress.
• Bullying or harassment – Being on the receiving end of harassment, bullying, or blackmail by either line managers or work colleagues can make going to work an incredibly stressful experience.
• Poor management – Those who have been promoted into management without prior experience typically make poor managers as they lack the necessary skills to get the best out of their employees. Working for an inexperienced manager can be a great source of stress. Likewise, being micromanaged can also have a detrimental impact on an employee’s wellbeing.
• Being uncomfortable at work – Not having your physical comfort needs met at work can cause stress. For example, working in an environment that is too hot, too cold, too dry, too humid, too bright, or too dark, or being required to sit in an uncomfortable chair or stand for long periods with little opportunity to rest can be incredibly stressful.

This list is not exhaustive, and there may be many more reasons why a person may experience stress in the workplace. If you have felt excessive stress at work and it has either caused health problems or exacerbated existing problems, you may be entitled to claim compensation. Our friendly and professional personal injury solicitors are on hand to guide you through the process and help you to seek justice.

Stress affects people in different ways, and not everyone will experience the same symptoms, but some of the most common psychological and physiological signs that you are suffering with stress in the workplace include:

• Becoming easily overwhelmed
• Feeling irritable and on edge
• Being unable to think clearly
• Difficulty making decisions
• Lacking self-confidence
• Feeling scared or anxious
• Struggling to fall asleep
• Sleeping more than normal
• Feeling tired all the time
• Eating more than normal
• Eating less than normal
• Drinking alcohol excessively
• Smoking more than normal
• Digestive problems e.g. diarrhoea
• Heart palpitations and chest pains
• Muscular aches and pains
• Sexual problems

Stress can be brought about by many things, such as the working environment, interactions with colleagues, or being involved in an accident in the workplace. Whatever the cause of your stress, if it is related to your workplace and is impacting your ability to carry out your job and live your life then you may be able to seek compensation.

There is currently no direct legislation relating to stress in the workplace. However, there are a number of laws in place that could form the basis of a lawsuit against your employer.

• Under the Health and Safety at Work Act 1974 your employer must take reasonable steps to protect the welfare of employees in the workplace.
• The Management of Health and Safety at Work Regulations 1999 states that employers must carry out regular risk assessments and put measures in place to protect the health and safety of all employees.
• The Working Times Regulations 1998 were put into place to protect employees from working too many hours, or not having enough rest time between shifts, which can be a source of stress.

Your employer has a duty of care to ensure that your physical and mental health and wellbeing is protected in the workplace. Any failure to uphold this duty of care could lead to you suffering undue stress, and could provide grounds on which to sue your employer and claim compensation. If you are suffering with stress, or have a diagnosed psychological illness such as PTSD or depression, it is important to keep your employer informed so that they can provide support in line with the legislative guidelines.

The Health and Safety Executive (HSE) have put guidelines in place to help employers to uphold their duty of care. These guidelines provide employers with the necessary tools to identify when an employee may be dealing with stress at work, and to put measures in place to help employees who are struggling.

The HSE guidelines ensure that employers carry out potentially stress-inducing operations in a careful and employee-centric way, including:

• Ensuring any organisational changes are properly managed in order to minimise any potential stress for employees.
• Ensuring the job role is fully understood by the employee and that their role is not conflicted in any way.
• Promoting and fostering good working relationships between peers and managers, and putting appropriate conflict resolution measures in place.
• Providing a good level of support to employees and maintaining strong lines of communication.
• Ensuring employees have enough control over their workloads, working patterns, and working environment to minimise stress.

As noted previously, stress at work can be very subjective and difficult to prove. In order to bring about a claim, we must be able to show that your employer owed you a duty of care, that they were in breach of their duty of care, and that the breach had a detrimental effect on your health and wellbeing.

Here are a few examples of situations in which you may be entitled to make a compensation claim against your employer for stress at work:

• Your employer regularly schedules your shifts with insufficient rest time in between, causing you to become overtired and experience symptoms of stress. In this instance your employer would be in breach of The Working Times Regulations 1998.
• You have informed your employer that you have been diagnosed with depression, and they don’t make any reasonable adjustments to your workload or schedule, continuing to ask too much of you.
• You have made your employer aware that the office is too cold and is not a comfortable environment in which to work, and they have failed to provide any reasonable solutions to the problem, leaving you experiencing stress.
• You have advised your employer that you are being harassed or bullied by a fellow colleague, and they have failed to take any disciplinary action against the perpetrator, leaving you feeling isolated and alone.

This is by no means an exhaustive list, and if you have experienced stress at work due to a breach in your employer’s duty of care, you may be able to make a claim for compensation. Please don’t hesitate to get in touch with our specialist personal injury team today and we’ll be happy to answer any questions you may have.