Can I make a claim for stress at work?

You may have heard about claiming for stress at work, but what does this mean and how do you know if you can claim?

Each of us experience symptoms of stress at work at some time or another, no workplace is free of stress completely but where there is a prolonged exposure to an issue which is causing an employee to be under unreasonable stress and pressure, and their employer take no or inadequate steps to help and support that employee, a claim for stress at work may arise.

In order to make a claim, the stress caused by the work issue must cause a period of illness, usually this is a mental health condition such as depression or anxiety. A claim for stress itself cannot be made, only where the impact of the stress is significant and warrants a medical diagnosis.

Another element of claims for stress at work is that the employer in question must know about the issue. Often, employees under stress and pressure bottle up their symptoms and may feel unable to confide in anyone at work.

Although understandable, there is a legal requirement for a claim that the employer knows of the issue and has therefore had an opportunity to take action and help the employee.

Where an employer knows that there is a work-related issue causing an employee to suffer stress at work, fails to take any (or any adequate) steps to help or support and the consequence of the failure to help is that the employee suffers with their mental health, a claim is likely to arise.

Each case is of course fact specific, but I hope that the above provides a helpful overview of the types of factors needed for a legal claim for compensation.

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