Adopting practices - Employers should consider Denmark

Home » News & Knowledge » ‘UK employers should consider adopting practices similar to Denmark’s’ – says solicitor

The working culture is one of the reasons Denmark is ranked as one of the happiest places to live, new research shows.

And now, a psychiatric injury solicitor at Oakwood Solicitors Ltd has spoken out, urging the UK to adopt similar practices.

Adopting practices

Danes say that in their country, they feel trusted by their bosses, and “no one is trying to micromanage you,” Companies are more focused on whether the work has been completed, rather than when or how, employees say.

This has resulted in employees being happier, enjoying their work with 60% saying they would continue in their careers even if they won the lottery.

Mr. Hoces, who works for a tech firm in Copenhagen, told the BBC:

“Bosses aren’t coming in to check if you put in eight or nine hours a day, as they mainly only care if you completed your projects.

“There’s a lot of trust in Denmark in that way, and I don’t feel a hierarchy at my job. It’s all very democratic.”

Only 1.1% of Danes have to work 50 or more hours a week, according to the most recent global figures, from the Organisation for Economic Co-operation and Development (OECD). By contrast, the figure for the UK is 10.8%.

Additionally, Danes are offered several workplace policies that contribute to their happiness. This includes the right to a minimum five weeks of paid annual leave per year, in addition to public holidays. In the UK most workers are entitled to 5.6 weeks of paid leave.

Although this is similar, Denmark also offers a very generous six months of paid maternity and paternity leave. In contrast the UK the father, or non-birthing partner, typically gets one to two weeks of paid leave.

Meik Wiking, author of the book The Art of Danish Living, has long regarded his home country as a shining example of what other countries should aspire to mimic with their workplace policies.

“Danes are actually happy at work,” he tells the BBC. “Almost 60% of Danes say they would continue to work if they won the lottery and became financially independent.”

Janine Leschke, a professor in the department of management, society and communication at the Copenhagen Business School, says Denmark is definitely “not a work culture where you have to show up and be available all day, all evening, to show that you’re working hard all the time”.

Instead, she says flexibility during the workday gives employees the time they need to, say, pick up their children from school or day care. “The day doesn’t have to officially end at five or six, and that’s appealing to a lot of Danes with kids.”

In comparison, Jessica Rowson, Head of Psychiatric Injury at Oakwood Solicitors Ltd often speaks to clients in the UK who have suffered as a result of being put under stress at work.

Jessica said:

“UK employers have a legal duty to safeguard employees’ health, including mental well-being, under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999. These laws require employers to conduct risk assessments and implement measures to mitigate work-related stress.

“To enhance compliance and employee well-being, UK employers should consider adopting practices similar to Denmark’s, such as enforcing reasonable working hours and promoting a healthy work-life balance.

“Implementing the Health and Safety Executive’s Management Standards can also help in effectively managing work-related stress.”

If you have suffered a psychiatric injury as a result of being under stress at work, you may be entitled to claim compensation.

Stress can affect all aspects of your life, and as such, the symptoms can often be multi-dimensional. A little day-to-day stress is natural and most often necessary, but when it becomes prolonged and combines with other things like lack of sleep, it can have a huge effect on your health.

What to do if I’m suffering from stress at work?

The most important thing before any financial claim is to prioritise your own health. If you are concerned about how you are coping with stress at work, we would encourage you to speak to your GP. They have a wealth of experience and knowledge regarding mental ill-health.

Before an issue escalates at work, try to talk to someone you can confide in who may be able to help. It’s not an employer’s job to diagnose or treat stress, but they will be able to direct you to internal support programs available or advise how they can help.

If you have been battling these issues quietly, explain the problems you are facing at work in a calm and professional manner to your employers. Nobody can read minds.

If you later consider making a claim, having a record of work issues raised can be useful. If you feel as though you have tried to bring them to your employer’s attention and are still suffering from stress at work, we would be happy to discuss the matter further with you.

Please get in touch for a free and confidential assessment if you feel as though you would benefit from some legal support.

Am I eligible to make a claim?

High levels of stress over a period of time runs the risk of damaging mental health to the extent that medical intervention is required. Employers have a legal obligation to take measures to support both the physical and mental wellbeing of staff.

Common stress at work claims can include:

Workplace bullying – Physical or verbal abuse, being belittled, excluded, malicious pranks, aggressive and passive-aggressive treatment, etc.

Harassment at work – Threats, physical, verbal and sexual assault, attacks on ‘protected’ characteristics, and some of the behaviours listed under workplace bullying.

Lack of training – Pressure of doing a job and do it well, having been offered insufficient or zero training.

Excessive workload – Having far too much work for one person to manage. This can affect both and personal life.

Denial of rights – Such as toilet, coffee or lunch breaks, permission to attend medical appointments, unreasonably required to stay after hours, etc.

Unfairly applied policies or procedures – Selective enforcement of rules, unreasonable demands, or being singled out to do something when you are unable to do.

Having mental health issues ignored – When your employer has full disclosure about a mental health condition, yet they don’t make satisfactory adjustments to accommodate your needs within the workplace.

Compensation is pursued in the county courts against an employer who has failed in their legal duties to keep their employee mentally safe at work despite being aware that risks were present, causing harm to that employee’s health.

What are the criteria for a stress at work claim?

You must legally prove that you have not only suffered workplace stress, but that the stress meets the clinical criteria for a recognised psychiatric condition.

If so, you would be able to claim compensation known as general damages – compensation for the pain and suffering you have endured as a result of the negligence.

If the symptoms meet the criteria, the court uses guidance called the Judicial Studies Board Guidelines (JCG) as a starting point, which takes into account the following:

The injured person’s ability to cope with life and work
The effect on the injured person’s relationships with family, friends, and those with whom he or she comes into contact
The extent to which treatment would be successful
Future vulnerability
Prognosis
Whether medical help has been sought

How do I make a claim?

Before deciding if a claim is the best option for you, it’s important to seek initial legal advice. Oakwood Solicitors Ltd offers a free initial assessment and would be happy to examine any documents you have and discuss whether we think that action could be taken.

If you find a solicitor who believes that your claim has merits, it is important to consider the impact on your health that moving a claim forward may have. Litigation can be stressful and may have an adverse effect on your health.

We are not doctors, so we cannot give you medical advice – but we do have a duty to advise you that pursuing a claim will be a reminder of the stress that led to your psychiatric condition whilst it is ongoing.

The only outcome of a successful claim is financial compensation. You may see litigation as a way of getting answers, but most cases settle out of court, meaning that many questions may remain unanswered.

Doctors’ advice may be that you will only be able to make a good recovery from your illness once you can move on from your issues. Litigation may therefore delay your recovery. Any decision to proceed must be your own, in conjunction with medical advice.

If you agree to proceed with a claim, our team will be happy to explain the process in further detail with you.

How long do I have to make a claim?

Claims for psychiatric injury are subject to strict time limits, and you must have commenced proceedings within 3 years of your date of knowledge that you have suffered an injury as a result of work-related stress.

Usually, we advise that this time limit runs from the first time you seek medical advice from your GP, but limitation is assessed on a case-by-case basis.

There may also be separate allegations that can be made under the Protection from Harassment Act 1997 Act. Such allegations would be subject to a 6 year limitation period.

If you are unsure about your own time limit, we would be happy to help advise you if we are able to support you with a claim.

How much is my claim worth?

The section of the Judicial Studies Board Guidelines (JCG) covering psychiatric injury claims has four compensation brackets:

Severe – The most extreme of cases, where the outlook for someone’s recovery is extremely poor (£54,830.00 – £115,730.00).
Moderately severe – Symptoms amount to a disability affecting someone’s life in a permanent or long-standing way, preventing a return to comparable employment (£19,070.00 – £54,830.00).
Moderate – Symptoms have affected daily life, work, and relationships but where medical evidence opines that good progress towards recovery will be made by the time of trial. The extent that treatment will assist recovery, alongside future vulnerability to relapse is also assessed (£5,860.00 – £19,070.00).
Less severe – Usually where the duration of symptoms are less than twelve months, and the extent to which the symptoms have affected someone’s daily activities and sleep is low level (£1,540.00 – £5,860.00).

Most cases of this nature fall within the moderate or moderately severe categories. The court considers similar trialed cases to determine where a case may fall regarding the compensation bracket.

Post-Traumatic Stress Disorder (PTSD) cases – the court has additional separate guidance from the above.
Special damages – Can cover out-of-pocket expenses such as lost earnings, travel, medication and treatment costs, etc.

Claims for both past and anticipated future losses can be made. This list is not exhaustive and is very case-specific.

**Why use Oakwood Solicitors Ltd to support me with my stress at work claim?**

Claims for psychiatric injury arising from work-related stress is a very complex area of law. At Oakwood Solicitors Ltd, we have a dedicated and specialised team to help you.

With the majority of the team having a qualification in mental health (a TQUK Level 2 Certificate in Awareness of Mental Health Problems), we fully appreciate the difficulties those suffering from a mental health condition at work may face, particularly in the case of workplace stress.

Whether it’s an ongoing or a historic issue, we are here to help and will carry out a free initial assessment with no obligation to take a claim forward.

‘UK employers should consider adopting practices similar to Denmark’s’ – says solicitor