Sinnott Solicitors have specialised in employment law claims since the establishment of the firm.
What should I do if I am stressed or experience bullying in the workplace?
Employees who are suffering from stress in their workplace or indeed bullying in the workplace who are contemplating making a claim for personal injuries against their employer should bring the conduct complained of to their employer’s attention as soon as ever possible.
The reason for bringing such a complaint to the employer’s attention at an early stage is to demonstrate later on that the injury could have been prevented because of the employer’s knowledge of the complaint.
By bringing the bullying and stress to the attention of the employer as soon as possible, employees can show that any future injury that they may suffer as a result of the bullying and stress could and should have been anticipated by their employers.
There are thousands of personal injury cases relating to excessive stress and bullying in the workplace throughout the UK and Ireland and the law in each jurisdiction is very similar.
A number of conditions must be met before a work related stress or bullying claim can give rise to a claim for personal injuries as follows:
- An employee must have been diagnosed with a recognised psychiatric illness in order to bring such a claim. A recognised psychiatric illness can include depression, an adjustment disorder and many other disorders which can go undiagnosed for a good deal of time until properly assessed by a Psychiatrist.
- The Claimant must prove that the personal injury arising from the stress and bullying in the workplace was reasonably foreseeable by the employer. Therefore by informing the employer at an early stage of the stress and/or workplace bullying, it would be difficult for an employer to defend the case on the basis that they had no knowledge of the bullying later on during the course of the proceedings.
- The personal injury arising from bullying and stress in the workplace must have been caused in the workplace. If it is found that the personal injury suffered is not related to the workplace, the employer could not be held fully liable for the injuries.
If all of the above conditions are met an employee should be entitled to recover compensation for any personal injuries arising from work related stress and/or bullying in the workplace.
On our website you will see an extensive employment law section which sets out the various employment law services that we offer.
One of the very important preparatory steps in any personal injuries case for bullying and stress in the workplace is the necessity to exhaust all of the internal remedies available to the employee before having recourse to the Court system or any other tribunal.
Every employer should have a staff handbook in place outlining various procedures which should be used in the event that an employee has a complaint mechanism to their employer about any treatment that they are concerned about in the workplace. Those procedures are generally called a grievance procedure and such a complaint can be made in a formal or informal manner.
Sinnott Solicitors will explain the process thoroughly to you from beginning to end and we will ensure that you will receive the maximum compensation available to you in the event that you sustain personal injury in the workplace arising from stress and/or bullying in the workplace.