Compensation for Stress at Work

Citation

Mowlam, E. (2010), "Compensation for Stress at Work", International Journal of Law and Management, Vol. 52 No. 6, pp. 481-482. https://doi.org/10.1108/17542431011093171

So, it has come to this. The hot topic that is compensation for stress at work now has its own dedicated text book; the prosaically titled Compensation for Stress at Work. The warzones of our workplaces have long had their battlefields picked over by the likes of Injury Lawyers 4U, National Accident Helpline and the author, Mr Marshall's own practice; Anthony Gold Solicitors.

Anyone looking to gain access to this field must owe a debt of gratitude to Anthony Gold for revealing the tricks of this lucrative trade in such a straightforward and I assume, comprehensive manner. I say assume, I readily admit that I possess scant expertise in this area other than the cursory acknowledgment my LLB degree torts module afforded. Namely, the brief development of stress‐based compensation since the proverbial floodgates opened in 1995 following Walker v. Northumberland County Council. While it is clear that this publication, priced at £67, is likely to find a home only on the shelves of aspiring practitioners in this field, LPC and ILEX providers or those conducting specific research, the layout and information contained would make the text useful to any reader interested in this area.

This book is perhaps the most accessible legal text I have encountered. Little prior knowledge is assumed and the language is relatively jargon‐free. The explanation of foreseeability in chapter 3 (pp. 70‐84) is a lesson in articulate clarity. Throughout the book the text is broken up with regular and helpful subtitles, the writing is consistently precise and the paragraphs are kept as brief as appears to be necessary. Much of the text is taken up using tracts from decided cases, yet their lord and ladyships' comments are kept impressively concise.

The text begins with an interesting summary of the protagonist's views in the debate regarding the severity of the situation, a debate which is unlikely to abate any time soon, particularly where bullying is concerned. We then move to a useful guide laying out steps employers should take to avoid condemnation at the employment tribunal, which unsurprisingly follows those other modernist crazes in suggesting yet more risk‐assessments and the drawing up of a “stress policy”. We then have a regrettably brief foray into academic concepts concerning future developments. Unfortunately, the author is keen to use this section to bemoan the fact that English courts, in allowing for the seemingly reasonable common law provision of “reasonable practicability”, are reluctant to adopt the strict liability approach offered by the European Union, which would, of course, enable many more claims to succeed. A more thorough thrash through of the issues in this regard would have been warmly welcomed, as would a recommendation or two of any publications pertinent to future developments in this field.

We then move into the meat of the matter. Employer's duties are detailed in chapter 2, including duties relating to health and safety, equal treatment, harassment and details on to whom an employer's liability may extend. The information here would make useful reading for any employer, human resources professional, manager or union representative. The writing style in chapter 2 differs from the more formulaic legal text‐book approach taken in the following chapters. It appears the chapter is indeed written for those HR professionals and managers to whom I recommend it. The subsequent chapters would be of primary use to practitioners, where the legal wrangling and decided law around liability, causation and remedies are well set out.

Chapters 10‐12 would prove particularly useful to the would‐be personal injury lawyer, providing examples of client questionnaires, claim preparation, follow up correspondence and how to seek out evidence, along with a thorough discussion on costs and funding and a good explanation of conditional fee agreements.

Compensation for Stress at Work would therefore be warmly recommended to those seeking a career in employment and personal injury. I question however the book's blurb, that it is “essential reading” for practicing lawyers, as I imagine professionals would already be well acquainted with the information provided. Although they could take this opportunity to see how Anthony Gold go about their business.