Employers must check up on stressed out staff says employment lawyer
26 April 2004
Employers who turn a blind eye to workers suffering from stress are walking a legal tightrope and could face lengthy and costly court cases.
A recent case involving a retired teacher, Leon Alan Barber, saw the 59-year-old awarded £72,547 in damages because his employers Somerset County Council did not take his complaints of suffering from depressive illnesses seriously enough.
This case has highlighted the need for stress to be managed in a more proactive and decisive manner says Annette Wilson, employment lawyer and partner at Preston law firm MWR Solicitors.
“The Leon Barber case has brought the topic of stress in the workplace into a sharper focus. The decision should serve as a timely warning to employers they should investigate all employee claims that they are suffering from stress due to working conditions.
“They should check whether there is any action they could take which may help the employee. Even if nothing is found to be wrong, this should be noted in writing by the employer on the personnel file to demonstrate they took the complaint seriously.”
The House of Lords overturned an appeal by Somerset County Council, who claimed that it did not have a duty to check on the welfare of Mr Barber despite knowing of his previous stress-induced illnesses.
“It is imperative employers take time to check up on an employee who they know has stress-related problems on a reasonably regular basis. By ensuring the situation hasn’t worsened, you can quickly recommend any help if necessary.
“The employee must also make the employer aware of any problems they are experiencing at an early stage. If they don’t, it may be found that the employer is under no obligation to take any action.
“Mr Barber nearly lost his claim by not reiterating his complaint after his initial problems were raised,” warned Ms Wilson.
