Anyone claimed compensation for stress at work?

[emilybrontee]

Don't really want to go into the long backstory but has anyone ever done this??

Were you successful or not?

How severe?

[TrixieTheWhore]

Is there any case law on this? I must admit over never heard of it happening.

[blueshoes]

Here is some case law (caveat: written by a law student): www.lawteacher.net/free-law-essays/employment-law/liability-for-stress-at-work-employment-law-essay.php

If you google, there are some solicitors firms who take work in this area and set out some guidance on when you might have a claim.

[february08baby]

I've done a lot of research into employment law thanks to my own situation.

There was a case against O2 and a case against Dicksons - both in relation to stress and mental health.

It does come down to how long you felt stressed, were you off work, did you ask for support, did you go on medication etc? All these things are evidence.

[maxelly]

Are you talking about a personal injury claim or an employment tribunal claim, very different things.

For an employment tribunal claim you'd probably be looking at claiming constructive unfair dismissal which would mean resigning from your job, you would have to prove this was the only reasonable response to events that had happened and was the fault of your employer, if successful compensation would then be based on losses resulting from the loss of your job, there is a maximum cap of 1 years salary + £15k in the most serious cases (but if you have or are likely to find another similar job quickly then compensation will be less).

For personal injury you would (A) have to prove you suffered what they would class as a noteworthy injury to your mental/physical health (B) that this was the fault of your employers through some negligence or intentional act, not just an unfortunate event that couldn't be foreseen or prevented and (C) you have suffered financial loss as a result, e.g. loss of your job, loss of earnings on sick leave, medical bills etc. There can be a small award for psychological distress and suffering but likely to be quite small if you've recovered once you've left the job and left with little/no ongoing injuries, that alone probably would barely cover your legal bills.

Either way, I would take some proper legal advice before doing anything, you may find you are covered on your home insurance, if not then be prepared to pay, it will be worth it.

[SpeedofaSloth]

It's possible but tricky TBH, which is maybe why it's not done more often.

[emilybrontee]

Hi all

Sorry about the slow reply

I was signed off work in November for 4 weeks due to stress at work due to a bullying investigation that was taking place on my team (the girl was dismissed after 3 months). I resigned from my job.

The big push for me to be signed off as I was too upset and shaky to go back into work was that I had overheard on my team that the girl suspended had been texting another team member saying by law they had to tell her who had stated what in the case.

I asked my manager about this, which flagged up to her that she was breaking her suspension by contacting people on the team. I was then asked to make a statement which I did being naive thinking that would be it. They then told all team members involved that I had snitched.

After returning to work I found out I was pregnant. I had someone snoop on my desk and find pregnacare tablets and tell managers and multiple employees that I was pregnant (I was 7 weeks at this point).

I had personal issues at home causing me stress but work really tipped me over the edge. I was on antidepressants running up to me finding out I was pregnant. I am now under a mental health team and receiving CBT sessions once a week.

So this is what my case would be based on. I'm guessing personal injury claim?

[BritInUS1]

Why are you asking on an internet forum

You need to contact a solicitor and see if you have a case

[ironicmorrisette]

@BritInUS1 because sometimes they are dud cases.

Doesn't hurt to ask does it????