Employers - part 2 mental

Question 1

What is the authority on work place stress cases?

Answer 1

Barber v Somerset County Council

Question 2

What five important conditions does it set?

Answer 2

• Can assume employee can withstand normal pressures of the job. Unless they are particularly vulnerable.
• Can take what employee said at face value unless good reason to think to the contrary
• Employers who provide support and treatment services are unlikely to be found liable (but are not immune)
• P must show it has contributed materially to mental harm
• Need to establish that employer was aware of this

Question 3

What case implements Barber v Somerset

Answer 3

Flood v UOG

Question 4

What requirements did D breach in this case?

Answer 4

Were aware of risk when convinced employee to return to work but did not reduce work load or alter conditions.

Question 5

What case held there was liability because P’s doctor had informed employers of depression?

Answer 5

Stevenson v Dunbartonshire Council