Can I claim compensation for stress at work?

When can stress at work lead to a compensation claim?

The workplace can often be a stressful environment, with the demands of your job, time pressures and deadlines all creating pressure. While this is undoubtedly challenging, if the tasks involved are accepted as a routine part of your role, then this will not be enough to make a claim.

However, for things beyond the day-to-day demands of your job, where the conditions you face are causing stress and impact on your mental health, you may be entitled to make a claim for work-related stress compensation.

The causes of stress at work can be wide ranging – it could be from a failure to support you properly in working from home, with a lack of correct equipment or adherence to remote working protocols; or it could be that you have witnessed or experienced a hugely traumatic situation and have not been properly supported in dealing with this.

It may be that your health is impacted and you struggle with sleep and routine; or it could be that your situation is serious enough that you suffer from a psychiatric condition or Post Traumatic Stress Disorder (PTSD) and cannot return to the workplace.

There are no set rules for what workplace stress looks like and this differs between each situation. If you have raised the stress you face with your employer, and no efforts to support you have been made, then you can speak with one of our specialist workplace stress solicitors about making a claim for compensation.

What would be included in a workplace-related stress compensation claim?

Common factors in making a successful claim can include:

• Workplace bullying
• Harassment in the workplace
• Lack of appropriate training
• Unmanageable workload
• Unrealistic demands
• Lack of support to do your job
• Employment rights being ignored
• Having known mental health issues overlooked

This list is not exhaustive, and anything can be considered where your employer has failed in their legal duties to keep you physically and mentally safe, despite being aware of the risks that exist to your health.

What evidence do I need to make a compensation claim?

It must be proved that you have not only suffered workplace stress, but also that you have been impacted psychologically. You also need to show you have taken steps to receive the support you need, but this has been unsuccessful, despite your best efforts.

When considering making a claim for workplace related stress compensation, you must show that you have previously:

• Raised your concerns with your line manager or HR department
• No action was taken, despite your efforts to improve your situation
• GP appointment to confirm the stress you face at work

It can also be useful to keep a diary of events at work, to help keep track of everything that has happened. By this point, the stress you face at work may also be impacting your life outside of the workplace, so it can be helpful to keep a record of this too.

Employer duties under UK law

Employers have a legal duty to protect workers from stress at work and to ensure their health, safety, wellbeing and that they are treated fairly.

Their duties around supporting employees with stress include:

• Assessing stress risks
• Taking action to reduce and minimise risks
• Regular risk assessments around stress
• Employee support being offered
• Monitor employee wellbeing

If they do not adhere to their duty of care and take necessary steps to protect employees from stress, they could be liable to a claim against them.

How much compensation could I receive?

Every work related stress compensation claim is different, due to the circumstances of each situation being unique, so the final settlement you secure will depend upon a number of factors – these include how seriously you have been impacted by stress, how this has affected your life, are you able to continue to work, and whether you need any rehabilitation.

However, we take most workplace stress related compensation claims on a No Win No Fee basis and, in the most serious of cases, can secure interim payments to ensure you do not suffer financial hardship as a result of what you have experienced.

How Slater and Gordon can help

Our specialist team at Slater and Gordon will provide a sympathetic, professional and honest approach and can look at the unique circumstances of your situation and advise on whether you may have a workplace stress related claim.

If you feel you have suffered stress caused by your job, and believe that negligence from your employer has been the cause, contact us today to speak to a specialist workplace stress claims solicitor.