Jennifer Rowlinson | Trainee Solicitor

#HandsUp4HealthyMinds

World Mental Health day is on 10th October 2018. This year’s theme is on Young People and mental health in a changing world.

Mental health includes our emotional, psychological, and social well-being. It determines how we handle stress and relate to others and make choices. A big contributor to stress can come from stress in the work place. In 2016/17, 12.5 million working days were lost due to work-related stress, depression or anxiety.

Taking action against your employer

Occupational stress cases can be difficult claims to pursue because the courts have imposed a high standard of proof on the person bringing a claim for stress.

By law every employer must conduct a suitable risk assessment in the workplace. Employers must take precautions to ensure employees are less likely to suffer from stress at work and causes of stress are proactively sought and removed. If the claim is based on the negligence of the employer, you require to prove how your employer breached their legal duty of care for your safety at work.

The Courts have held that many, if not all workers, are liable to suffer emptions such as stress and anxiety from time to time. The Courts are therefore reluctant to make awards unless you can prove you have suffered from a recognised psychiatric illness. At Jackson Boyd, we can arrange for you to speak with an independent medical expert who can assess a person’s mental health and the impact that you work has had.

You must also prove your employer ought to have foreseen you were at a material risk of sustaining a psychiatric illness in consequence of their conduct. Foreseeability can be established in two ways:

  • You have approached your employer and made them aware you are suffering from stress
  • Having recovered from a breakdown, you return to work and your employer’s conduct remains the same, resulting in a second breakdown.

Jackson Boyd supports the #HandsUp4HealthyMinds campaign, in the same way we support clients through the difficulties of raising a claim for occupational stress at work. If you are suffering or have suffered from occupational stress, please click here to contact us online or call 03331306317 to speak to a member of our specialist team.

Jennifer Rowlinson

Jennifer Rowlinson

Personal Injury Team

Jennifer is a trainee solicitor with Jackson Boyd. She commenced her traineeship with the firm in 2017.

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