Sutherland v Hatton, [2002] 2 All ER 1
Citation:Sutherland v Hatton, [2002] 2 All ER 1
Rule of thumb: if you get depression caused by workplace stress, can you sue your employer for this? As a general rule, no, however, if you can prove exceptional circumstances, and that there were serious red-flags the organisation should have picked up on, then potentially, yes.
Judgment:
‘In every case it is necessary to consider what the employer not only could but should have done. We are not here concerned with such comparatively simple things as gloves, ogles, ear-muffs or non-slip flooring. Many steps might be suggested: giving the employees sabbatical; transferring him to other work; redistributing work; giving him some extra help for a while; arranging treatment or counselling; providing buddying or mentoring schemes to encourage confidence; and much more. But in all of these suggestions it will be necessary to consider how reasonable it is to expect the employer to do this, either in general or in particular; the size and scope of its operation will be relevant to this, as will its resources, whether in the public or private sector, and the other demands placed upon it. Among those other demands are the interests of other employees in the workplace. It may not be reasonable to expect the employer to rearrange work for the sake of one employee in a way which prejudices others. As we have already said, an employer who tries to balance all these interests by offering confidential help to employees who fear that they may be suffering harmful levels of stress is unlikely to be found in breach of duty: except where he has been placing totally unreasonable demands upon an individual in circumstances where the risk of harm was clear’, Court of Appeal.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.