Daniel v Secretary of State for the Department of Health [2014] EWHC 2578 (QB) – Law Journals

Case Report: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) (Part 2)

Costs, discount rate, alternative dispute resolution ‘A party who makes serious allegations of misconduct runs a significant risk of being subjected to indemnity costs if they prove unsuccessful.’ In part one, we reported on the judgment for this case, where the Ministry of Justice was found to be liable for a stress-at-work claim. We will …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Mental Health: Pre-emptive and tactical action in stress at work claims

Liam Ryan examines the overlap between employment and personal injury law in stress at work cases ‘A claimant, through utilising the Equality Act 2010 in order to place their employer on notice of the danger and risk they face of psychiatric injury, legitimately seeks the assistance they need to manage their psychiatric condition for their …

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Stress: Being your own worst enemy

Liam Ryan highlights the need to clearly disclose mental health issues to an employer in stress at work claims ‘Considering the need for a risk assessment it was rightly held that this does not obviate the need for any psychiatric injury which could be suffered to be foreseeable.’Following the increasing volume of cases passing through …

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Psychiatric Injury: For the greater good?

Liam Ryan discusses summary dismissal, psychiatric injury and remoteness ‘While Mr Yapp was not successful with regards to his claim for psychiatric injury it needs to be remembered his claim for unfair dismissal succeeded.’While stress at work claims where a claimant has been exposed to a lengthy and continuous period of stress recently benefited from …

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Stress At Work: Tackling bullying

Liam Ryan considers the implications of a recent case which may suggest stress claims are on the increase ‘While the claimant was unsuccessful, Daniels does indicate that if bullying was found to have taken place, resulting in a psychiatric injury and this was communicated to the employer, then a claim could be brought using bullying …

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