The Court of Appeal gave an important judgement in relation to a claim for damages for work-related stress. The decision indicates that such claims will be more likely to be successful in the future.
The claimant, Mrs. Dickens, worked for O2 as Finance and Regulatory Manager. She found her work very demanding, was working long hours, and reached a point where she was at the ‘end of her tether’. She spoke to her manager in February 2002 and asked to be moved to a different, less stressful job but was told there were no vacancies and to wait for three months.
In April 2002, Mrs. Dickens asked for a six-month sabbatical because she felt stressed, and, in response, her manager agreed to make enquiries about this and also suggested she should contact the company’s counselling service. A month later, at her annual appraisal, Mrs. Dickens said she was still feeling very stressed and repeated her request for a sabbatical. It was agreed she would be referred to the company’s occupational health department. However, this was delayed and before she was able to see the occupational health nurse she was signed off sick by her doctor owing to anxiety and depression, and she did not return to work. Her employment was subsequently terminated by O2.
In the first instance, the trial judge upheld Mrs. Dickens’ claim, and this was confirmed by the Court of Appeal which held that:
- On the subject of reasonable foreseeability, it should have been apparent that action was needed following the meeting with her manager that took place in April 2002, and her illness was therefore reasonably foreseeable.
- With regards to breach of duty, the suggestion that Mrs. Dickens seek counselling was inadequate given the severity of her symptoms and that she was stating they were due to stress at work. Further management intervention was required.
- The breach of duty had made a material contribution to Mrs. Dickens’ illness, even though there may have been other contributory factors that were not work related. The judges also commented that because the breach of duty had made a material contribution, O2 should be liable for all of Mrs. Dickens’ injury even though it may not all have been work related
This case highlights some very important points. It is clear that the provision of counselling services, whilst it goes some way to discharging an employers duties, is not in itself a defence to a workplace stress claim.
Clients need to be alert to signs of stress in their staff. While the employee will normally be best placed to decide whether they are able to continue working, once the employee informs their supervisor about their condition, some of that responsibility then shifts to the employer.
If you subscribe to both our Personnel and Health & Safety services remember you have a confidential counselling service available to all your employees.