When might I need (or consider) legal help regarding workplace stress? An employee checklist

There are many questions regarding legal action for workplace stress and if/when it can be taken against an employer.

In order for a successful legal claim to be awarded, 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 this is proven, you would be able to claim compensation known as general damages – an award for the suffering and potential lost income.

Here is a list of points that should be taken into consideration if you believe that your case may be bad enough to seek the help of a Solicitor. These first three are the most important, as they prove that you have followed the correct process and official records have been made as a result:

• Concerns raised with line manager and/or human resources

You have reached the point where the stress has affected you enough to report it to your manager or HR representative.

• Company response was either unsatisfactory or non-existent

The issue has been officially recorded by your employer, but the solution they offered was either inadequate or the matter was disregarded altogether.

• Doctors’ appointment made and stress recorded by GP

You felt it necessary to consult medical help due to stress, and your symptoms were logged in your patient record.

These final three points are things that may help your case going forward:

• Sick note issued or medication prescribed by doctor

Your doctor deemed it necessary to prescribe medication to help manage the symptoms of stress, or sign you off work with a sick note at some point.

• Diary of work events and circumstances kept by employee

You have had the foresight to log anything that may have contributed to the stress you have been experiencing – late nights either at work or working out of hours at home, sleepless nights, lists of additional tasks, etc…

• Work affecting personal life or time outside of work

Things have reached a point where you are forced to focus on work matters, or worry about them regularly outside of working hours in personal time and are thus affecting your everyday life.

If you have covered the first three steps of this checklist and maybe recognise any or all of the last three, chances are you may be thinking about escalating things to legal action. If you can get some free initial advice that many legal firms offer, they will ask you questions that include the above points and should be able to advise you on if you may have a claim.

A responsible Solicitor should also tell you whether you need to take additional steps or if they believe that you are trying to take action too early, as it is in both of your interests to only escalate things when necessary and with the best chance of success.

Further reading

Can I make a claim for stress at work? – Oakwood Solicitors

Dealing with stress in the workplace – ACAS

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