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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Workplace stres...
 Workplace stress
 
Sarah_Ireland
38 posts
www.employmentbuddy.com
Joined
10/2/2006

Workplace stress
Posted: 08 Aug 07 9:35 AM
This week Buddy was asked: Can a workplace stress injury caused as a result of badly investigating a complaint against an employee render an employer liable for that injury?
creynolds
115 posts
5th
Joined
12/12/2006

Re: Workplace stress
Posted: 09 Aug 07 2:14 PM Modified By creynolds  on 8/9/2007 2:16:55 PM)

Buddy says: Yes.  Employers are under a common law duty to take reasonable care for the health and safety of employees in the workplace.  A breach of this duty gives rise to a claim for personal injury against their employer, and the success of their claim depends on whether the employee can show that: 

  • The employer has breached this duty of care
  • It was reasonably foreseeable that an injury would result from the breach; and
  • Loss in the form of personal injury has occurred, which can be physical and/or mental.

Employer information:

 

It is an implied term of every employment contract that the employer will take reasonable steps to ensure the safety of its employees at work and the scope of this duty is potentially very wide.  As part of the implied duty of mutual trust and confidence, the employer should act fairly during an ongoing employment relationship; this extends to investigations and even the steps an employer takes leading up to a dismissal, for example, a suspension, but not the manner of the dismissal itself.

 

In the recent case of Deadman v Bristol City Council [2007] EWCA Civ 822 the employee's stress arose from the employer's manner of conducting an investigation of sexual harassment against the employee, and informing him of a renewed investigation by leaving a letter on his desk.  The Court of Appeal upheld the Council's appeal and overturned the High Court's decision that this conduct of the employer amounted to breaches of the contract of employment which caused the employee's illness.  The Court of Appeal held that there was no contractual term to act sensitively and in this case the fact that the employee would suffer psychiatric illness as he did was not reasonably foreseeable.  Accordingly any damage flowing from the Council's breach of contract in this respect was too remote in law to be recoverable.

 

  Discussions  Buddy's question time  Workplace stres...
 
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