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A landmark case in employment law
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In 1996 the public service union UNISON was securing substantial compensation for a worker who suffered a nervous breakdown, which the courts accepted was caused by workplace stress. UNISON says senior social worker John Walker made legal history when he became the first person to argue successfully in the High Court that his employers were liable for his nervous breakdown. The personal injury award of £175,000 in April 1996 followed an earlier ruling in the High Court that the "impossible workload" placed on Mr Walker by his employer had caused stress which resulted in a nervous breakdown. He had repeatedly sought extra staff and administrative back-up, but his requests had been refused. Mr Walker suffered a nervous breakdown in November 1986, returning to work in March 1987. His employer did nothing to reduce his workload, or ease the stress. He subsequently suffered a second nervous breakdown and retired on medical grounds in May 1988. UNISON's solicitors effectively argued that his |
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nervous breakdown was caused by his employer's negligence. He had been exposed to unreasonable stress which could have been avoided. The judge was convinced that among the causes of the "psychiatric damage to a normally robust personality" were "the sheer volume of work", "the character of the work, regardless of the volume" and an inability "to control the volume of work or gain from senior management increased resources or guidance on priorities." UNISON health and safety officer Sarah Copsey commented: "This landmark case confirms what UNISON has been telling employers for years - that they must take stress at work seriously. They must make jobs 'do-able' and it is no longer acceptable for employers to leave staff to struggle on, trying to provide under-resourced services on the cheap, or expect them to risk their health in doing so. "It's time for management to start managing staff health and safety in a competent and committed way."23 | |
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TUC survey of union health and safety specialists identified stress as the top priority of trade unions. Thirteen unions named stress as their number one concern; eight others identified hazards associated with stress, including violence at work, bullying, sexual harassment, working alone, and working extended hours.
The TUC also points out that workplace stress is not just an occupational inconvenience but, in many cases, can result in a job threatening disability. A 1991 report, compiled for the teaching union NASUWT by Manchester University Institute of Science and Technology, found that "one in five teachers suffer levels of anxiety, depression, and psychosomatic symptoms at or above the levels of psychoneurotics."22
The TUC has suggested a legally binding code of practice on prevention of occupational stress. Recently, it has published advice on disability monitoring, to assist unions to meet their duties under the DDA and to provide full equal access to disabled members. It has also prepared a briefing on the DDA's official employment code of practice and guidelines on the definition of disability used by the Act.
THE CONFEDERATION OF BRITISH INDUSTRY (CBI)
The CBI, which was founded in 1965, is a non-profit, non-partisan, political business organisation funded by members' subscriptions. The CBI represents small and large companies from every sector of UK business. Its direct corporate membership employs over four million people, and it has a trade association membership representing over six million.25
The CBI is working jointly with government agencies and the Trade Unions Congress to tackle stress-related problems in the workplace. It has participated in sponsoring a mental health conference with the Department of Health. The CBI has produced guidelines on stress management and addresses stress as a human resource development and occupational safety and health issue.26
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The TUC and its affiliated unions have devoted increasing attention to raising awareness of stress as a major source of occupationally related health problems, which affect the mental and physical wellbeing of workers.
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