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Stress can be positive when an employee has challenging work, accompanied by support
and good management. Occupational Stress (or negative stress) is an adverse reaction
to excessive pressure or demands placed upon an employee.
Employers have a duty both at common law and under the
Health & Safety at Work
Act 1974, to take reasonable care of their employees health.
Stress is on the rise with research from the Health and Safety Executive showing
that up to half a million employees believe that work related stress is causing
them to be ill.
Stress could be caused to an employee by poor working relationships, bullying, restricted
social contact, lack of training, poor management, discrimination,
inconsistent and changing management, lack of job security, as well as the lack
of control over pace and content of work.
Permanent physical and psychiatric damage can occur as a result of Occupational
stress. Ultimately, this could lead to a personal injury claim.
An employer's failure to recognise or modify working conditions which an employee
has indicated are stressful, can in some circumstances entitle the employee to resign
and claim constructive dismissal.
A claim that your employer has caused you to suffer stress, which has resulted in
physical or psychiatric injury is effectively a personal injury claim. These claims
are generally brought in either the
County Court or High Court
except where an employee is alleging that discrimination has caused personal injury.
As an employee, you should be aware that if you feel that you are suffering from
stress at work, you must first bring the matter to your employer's attention through
the company's internal grievance procedure,
before bringing a claim in the Employment Tribunal.
There are strict time limits for commencing claims in the Employment
Tribunal and Courts.
If you believe you have a claim against your employer please
complete our Free Online
Assessment Form, now. We will then
respond to you usually within
48 working hours,
including
a free, initial assessment of your claim.
Alternatively you can download the free initial
assessment form and send it to net employment solicitors at the address on our contact
page.
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