- Podcast Location:
- Download it here [file size: 22.3 MB]
- Law Categories:
-
Negligence/Personal Injury
- CPD Points:
- One Point - details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors and Barristers...
Regulated by the Solicitors Regulation Authority:
Listen and pass the test: Gain 1 accredited CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the test, gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £25 - Corporate users will pay less.
- Length:
- 30 minutes of audio
(+ optional 5 minute accreditation test) - Streaming Audio:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
-
This course is aimed at all levels of practitioners, particularly those specialising in employment law, civil litigation and personal injury. It provides a detailed analysis of the case law that has led to a development of a corpus of law providing a cause of action for employees who claims that they have suffered an injury as a result of stress at work. Listeners will also gain an understanding of the new related case law under the Protection from Harassment Act.
- Outcomes:
- After completing the course you will:
- Have a detailed knowledge the case law relating to stress at work;
- Understand the application of the principles of causation and foreseeability in relation to such claims;
- Know where an employer will have knowledge of stress imputed from occupational health practitioners;
- Understand the application of the Working Time Regulations to stress at work claims;
- Have learnt the key principles arising from recent decisions under the Protection from Harassment Act, including the Majrowski, Green and Conn decisions;
- Understand the key evidential requirements for such litigation.
- Accredited CPD Time:
- 30 minutes
- Level:
- Intermediate
- Sources and References:
-
- Sutherland v Hatton (2002) EWCA Civ 76;
- Conn v Sunderland Council. Court of Appeal, 7 November 2007;
- Walker v Northumberland County Council [1995] 1 All ER 737;
- Barber v Somerset CC (2004) UKHL 13;
- Hartman v South Essex Mental Health and Community Care NHS Trust and other cases. 2005 EWCA Civ 6;
- Daw v Intel Corporation (UK) Ltd [2006] EWHC 1097;
- Sayers v Cambridgeshire County Council. [2006] EWHC 2029;
- Lister and others v Hesley Hall Ltd [2001] IRLR 472;
- Majrowski v Guy’s and St Thomas’s NHS Trust [2007] 1 AC 224;
- Green v DB Group Services (UK) Ltd. 2006 IRLR 764;
- Hone v Six Continents Retail Ltd. 2006 IRLR 49;
- London Civil and Fire Defence Authority v Betty [1994] IRLR 384;
- McAdie v Royal Bank of Scotland [2007] EWCA Civ 806;
- Deadman v Bristol City Council. [2007] EWCA Civ 822;
- Protection from Harassment Act 1997;
- Management of Health and Safety at Work Regulations 1999;
- Working Time Regulations 1998;
- Disability Discrimination Act 1994;
- Code of Practice on the Disability Discrimination Act.
In this CPDcast Andrew Hogarth QC and Carolyn D’Souza consider the law as it relates to claims arising from stress at work. They discuss the common law basis of stress at work claims, analysing the decision of the Court of Appeal in Sutherland v Hatton and the subsequent case law.
The issues covered include an explanation of the kinds of impairment or illness that will need to be shown to found a claim, an analysis of how the forseeability of stress will be judged, including the issue of imputed knowledge from an occupational health physician, and a consideration the legal effect of the provision of confidential counselling services by an employer. Consideration is also given to the impact of the Working Time Regulations and the Protection from Harassment Act on stress at work claims.