The recent judgement in Foxton-Duffy v Jockey Club Racecourses Ltd highlights the need for employers to take steps to mitigate risks in the workplace when concerns have been raised in cases of psychiatric injury resulting from workplace stress. The Court found that preventative action was available to the Defendant. This included carrying out an assessment of the risks to health and introducing preventative and protective measures identified by the risk assessment, for example, reducing the workload and ensuring annual leave was taken.
Consideration was given to the 2002 case of Hatton v Sutherland which are inconsistent with modern Health and Safety practice due to changes in standards since that time. Our paper on this topic can be viewed here. Following current standards would result in a proactive assessment of the risk to the whole workforce, rather than focusing on the foreseeability of risk to an individual. There is no mention of HSE’s Stress Management Standards in the judgement.
Employers have a legal duty to protect employees from stress at work. Current health and safety practice recognises that work related stress hazards may exist in any work environment. HSE has developed the Stress Management Standards which recognise the six key areas of work design that are associated with ill-health. The available guidance demonstrates good practice when assessing risks as detailed in the Stress Workbook.
Assistance from an expert can assist in identifying whether steps were available and whether they would have reduced the risk. Our experts have been instructed in stress cases and have provided advice and evidence in claims arising from occupational stress related conditions. To discuss a stress case with one of our experts, please contact Laura Hooper, Business Co-Ordinator, on 01302 499050 or email laurahooper@pragmaandassociates.co.uk.