Stress at work is a modern phenomenon.  That too much work related stress is damaging to health is now being recognised.  As a result the law has begun to impose a duty of care on employers not to expose employees to damaging levels of stress. 

This area of law is developing but in general terms compensation will be awarded if the following factors have occurred:

• If the person works in an inherently stressful situation;
• If the person has had time off for stress and had a medical certificate;
• If, on returning to work, the employer has not taken reasonable steps to address the issues which initially caused the person to become affected by high levels of stress;
• As a result of that failure, they have to take time off again and have their health seriously affected as a result.

In other words, it is not enough simply to find work stressful.  There has to be a pattern of events which put the employer ‘on notice’ that the situation needs to be addressed and that they then fail to address it leading to a deterioration in the claimant’s health.  Most successful claims have related to people working in highly stressful public services such as social work.