Page 35 - WMPF Federation Feb-Mar 2020-flip_Neat

What constitutes

work-related stress?

By Matthew Tomlinson, been diagnosed with a psychiatric condition. Examples may include:
principal lawyer in We can assist by requesting copies of their l A failure to refer the member to
industrial disease at GP records. occupational health
Slater and Gordon Secondly, was the psychiatric l In an overwork case, a failure to re-
injury reasonably foreseeable? The key allocate work appropriately
tress in its simplest consideration for the courts is deciding l In a bullying case, failing to investigate
form can actually be whether the member’s force knew, or ought the member’s complaints and perform a
Sa good thing. Many to have reasonably known, about how work risk assessment.
of us actually need stress was affecting their health. The final test is whether the breach of
to perform at our best. However, when Good examples include: duty complained of caused the injury as
stress becomes too much and manifests into l A previous work-related stress absence opposed to other life stressors that we all
something more serious, such as a recognised l Previously disclosed mental health commonly have.
psychiatric condition, it can give rise to a difficulties If you’re struggling at work to the extent
potential personal injury claim. l The member complaining to their it’s affecting your health it’s extremely
One of the first questions we ask manger that they were becoming ill (as important that you let your work-based
members is whether they’ve been diagnosed opposed to just stressed). representative or Federation know.
with a recognised psychiatric disorder, such Thirdly, it’s necessary to show there’s If you wish to bring a claim please contact
as depression, post-traumatic stress disorder been a breach of duty and that it was in fact the PF Claimline on Freephone
(PTSD) or generalised anxiety disorder. A claim something which the force did (or failed to 0800 917 1999
for damages cannot be made if someone is do) contrary to law, which has caused the or visit
suffering from ‘stress’ alone. A member may illness. We often ask members what their pfclaimline.com
have been to see their GP because of work- force could have done to prevent the harm where you’ll get
related stress but may be unaware they’ve they’ve suffered. advice free of charge.

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www.polfed.org/westmids federation February/March 2020 35