Work-related stress can have a devastating impact on your health and career. Whether you are an employee at breaking point, or an employer needing to manage your legal duties, our specialist SRA-regulated solicitors are here to provide clear, compassionate guidance.
Work-related stress has serious legal implications for both employees and employers. We provide clear, specialist advice on your rights and obligations. Please select your position below.
You do not have to suffer in silence. Your employer has a duty of care to protect your health and safety, including your mental health. If you are suffering from stress caused by bullying, discrimination, or an unmanageable workload, you may have a claim.
Protect your health and your career. Find out what your rights are.
Request a Confidential ConsultationAs an employer, you have a legal duty to protect your employees from work-related stress. A failure to do so can result in costly and damaging legal claims, as well as increased staff absence and low morale.
Protect your business and support your staff. Get expert legal guidance.
Request Advice for Your BusinessThe Situation: A manager at B&Q was responsible for a large store and suffered from depression. He was signed off sick but was repeatedly contacted by his employer about work matters, which worsened his condition.
The Problem: The employee resigned and brought a claim, arguing that the employer knew he was vulnerable to a psychiatric injury and failed in its duty of care by not taking steps to support him, ultimately breaching the employment contract.
The Outcome: The High Court agreed. It found that the employer was in breach of its duty of care and had constructively dismissed the employee. He was awarded over £40,000 in damages.
What this means: This case shows that once an employer is aware of a risk to an employee's mental health, they have a legal duty to take reasonable steps to prevent that harm. Ignoring the issue can have serious legal and financial consequences.
To bring a claim for a stress-related personal injury, you would need medical evidence of a recognised psychiatric illness. For any claim, it is vital to keep a written record of all incidents, including emails, letters, and notes of conversations that demonstrate that your employer was aware of the problem and failed to act.
Constructive dismissal is when you are forced to resign from your job because of your employer's conduct, which constitutes a serious breach of your employment contract. An unmanageable workload, or a failure to address bullying that is causing you stress, can be grounds for such a claim.
Strict time limits apply. For a constructive dismissal or discrimination claim, you must start the process (usually via ACAS Early Conciliation) within three months less one day from the date your employment ended. For personal injury, the limit is generally three years, but it is always best to seek legal advice immediately.
You have a legal duty to take reasonable care of your employees' health and safety, which includes mental health. This means you must take proactive steps to assess and manage the risks of work-related stress. If an employee tells you they are struggling, you cannot ignore it.
The first step is to talk to the employee to understand the cause of their stress. Reasonable steps can include conducting a stress risk assessment, referring them to occupational health, adjusting their workload or duties, and ensuring they are not contacted about work matters while they are signed off sick.
A strong defence relies on being able to show that you took all reasonable steps to support the employee. Having clear, written policies on stress management, records of meetings, and evidence of the support you offered (like flexible working or reduced duties) is crucial. Our solicitors can advise you on building this defence.
Whatever your situation, our expert employment law solicitors are here to provide clear, professional guidance to protect your rights and interests.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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