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Personal Injury?

(6 Posts)
workmademeill Tue 20-Mar-12 20:14:18

Without going into too much detail, I am wondering if I could make a personal injury claim against work, due to stress?

I have an ongoing dispute with management/HR - we are headed to tribunal.

The stress I have been under for the past year has been enormous; I am on medication and have had counselling, complimentary therapies etc. The stress is ongoing.

I am wondering if anyone in the know could advise whether this would constitute a personal injury?

The stress has caused me untold grief and has affected all aspects of my life. I have been really quite ill and unable to function normally at times.

TIA

olgaga Sat 24-Mar-12 00:18:29

It's not straightforward - they are difficult to pursue. You might want to read this overview:

www.thompsonstradeunionlaw.co.uk/information-and-resources/stress-at-work.htm

The main hurdle is that you have to be able to show that the employer knew there was a risk of psychiatric illness, but did not act on that knowledge.

Are you a member of a trade union? If so, get advice from them. If not, check your household insurance - some policies cover legal advice and assistance. If not, the CAB may be able to help:

www.adviceguide.org.uk/england/work_e/faq_index_employment/faq_employment_under_stress_at_work.htm

workplacehell Tue 27-Mar-12 00:25:50

Thanks Olgaga - only just seen your reply, thought no-one had answered!

I declared on the medical forms when i joined a few years ago that i had suffered from depression. After having my child I developed PND. I declared this to work as soon as i was diagnosed and advised them of my medication.

I returned to work and did not have a day off for months but the level of work/unpaid daily overtime I was expected to do wore me down.

I went to Occupational Health on a few occasions and they recommended changes to my duties and a reduction in the hours I work. My GP also supported the OH report. The recommendations were not actioned, in fact my workload and duties increased, leading to more stress, more work, more unpaid overtime. I already work in a stressful environment and was given additional complex work with tight deadlines.

I advised management in writing on numerous occasions that i was not coping (although on the surface receiving managerial praise) - I was given a written response that they are short staffed and the current staff need to absorb the workload as there is a recruitment freeze on and staff who leave cannot be replaced.

My child was seriously ill and my FWR to reduce hours was ignored. There was absolutely no work/life balance.

Raised a couple of grievances but these went nowhere, no decisions received.

I have now had a virtual breakdown, i'm not ready to cope with returning to work as the issues have not been addressed and I am in a nil pay situation.

workplacehell Tue 27-Mar-12 00:30:27

olgaga - should have said, you helped me on my other post smile I've changed my name. I am trying to be patient and to wait and see what happens but it is so frustrating as its been months and months already.

Im waiting for the regional secretary to advise me but was just trying to get some other opinions/advice, thanks.

olgaga Tue 27-Mar-12 12:32:24

I declared on the medical forms when i joined a few years ago that i had suffered from depression. After having my child I developed PND. I declared this to work as soon as i was diagnosed and advised them of my medication.

Then on the face of it you would certainly have a disability discrimination case worth considering, if not ultimately pursuing. Were you the Compromise Agreement query? If so, the issue of disability discrimination should be recognised in any settlement. I'm sure your union recognises the potential of your case, nevertheless...

Do you mind me asking which union you're a member of and whereabouts in the country you are? Send me a personal message via the "message poster" link if you like. I may be able to give you more detailed advice.

Benb Wed 17-Jun-15 10:45:18

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

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