Sickness and stress

Many employees are coming under increasing pressure at work, which can lead to health problems including stress and depression. The Health and Safety Executive (HSE) defines stress as “the adverse reaction a person has to excessive pressure or other types of demand placed upon them”.

Under the Health and Safety at Work Act 1974, employers are responsible for the health, safety and welfare at work of all employees and the HSE has highlighted to employers that looking after employee health includes “taking steps to make sure [they] do not suffer stress-related illness as a result of work”.

If your employer dismisses you because you are suffering from work-related stress, then an employment tribunal will treat this as unfair dismissal unless you can show that your employer acted reasonably. If you can establish that your employer has caused your illness or condition you may have a claim for personal injury.

If you are unable to do your job because of long-term sick leave, this may be a potentially fair reason for dismissal. However, your employer will have been expected to have acted reasonably in arriving at this step and to be able to demonstrate that they have done so if the case goes to an employment tribunal.

If your condition or illness satisfies the definition of a disability for the purposes of the Disability Discrimination Act 1995, and your employer takes action against you for a reason connected with a disability, you may have a claim for discrimination.

For more information on how we can help you, please contact us on
01702 339222 or at employee@btmk.co.uk