1
Type Speaker CPD Hours Level
5 AdvancedInformation
Accreditation Information
SRA Competency B

Introduction

Stress claims have multiplied in recent years. Advising on them is becoming a specialist area in its own right. Whilst the Court of Appeal in Hatton v Sutherland attempted to give comprehensive guidance, subsequent cases have shown that different types of treatment by employers require different approaches from the courts. This virtual classroom seminar gives practical guidance on the intricacies in each area, drawing on the latest case law.

This live session will invite you to engage in a practical way with some tricky issues presented by this type of claim. It is also suitable for both personal injury lawyers and for employment lawyers who need to be able to recognise potential personal injury stress claims. Deciding between an employment tribunal and civil claim will also be covered.

What You Will Learn

This live an interactive session will cover the following:

  • Categorisation and the key factors applying in the different types of stress claim
    • The difference between stress and psychiatric injury; the employer's dilemma and the approach of medical experts
    • Why does foreseeability matter and what does it mean in practice?
    • Latest on foresight and remoteness after Court of Appeal decision in Yapp v FCO
    • The different considerations applying to:
      • Excessive workload (including the problems created by Dickins v O2)
      • Mis-handled disciplinary procedures
      • Bullying (including Mullen v Accenture and the difference between bullying and strong management)
      • Traumatic events at work
      • Failings of management and governance (Connor v Surrey County Council)
  • Harassment claims and how they interact with negligence claim
    • Protection from Harassment Act 1997; the building blocks of a harassment claim
    • Recent cases - how serious does the conduct have to be?
    • Differences with common law negligence claims - the practicalities
  • Case studies: Group discussion - Factual scenarios - group work and interaction
  • Practical issues: Managing stress and litigating stress claims
    • Employer clients - advising on some classic scenarios
    • Employee clients - advising on some classic scenarios
    • What procedures should employers have in place and the role of counselling
    • Litigating stress claims:
      • Interaction with Employment Tribunal claims for discrimination
      • Other Employment Tribunal issues
      • Breach of contract claims
      • Causation - what does the law actually say?
      • Instructing medical experts and 'desk-top' reports
      • Limitation - when is the claimant aware they have a claim?
      • How much are stress claims worth? PSLA and other damages issues

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

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Learn Live | 09.12.2021

N/A | 1:30pm - 4:00pm


Claims for Stress & Psychiatric Injury in the Workplace - Live at Your Desk

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Dec
9 2021
Dec
10 2021
Session 1 
1:30pm - 4:00pm

Session 2 
1:30pm - 4:00pm

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Season
Ticket Information
Standard
Individual licence
£243
£270
£540
Group bookings
Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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