Liam Ryan

This Practice Note considers the central elements of occupational stress claims once foreseeability has been established, namely breach of duty, causation and apportionment. It examines the steps employers may reasonably be expected to take in response to a foreseeable risk of psychiatric injury, together with the evidential and medical issues that arise when establishing causation. The Practice Note also explores the principles governing divisible and indivisible psychiatric injury, material contribution and the assessment and apportionment of damages in complex occupational stress claims.This Practice Note is not intended to be a definitive source of all information on this topic, but to act as a source from which practitioners can begin their own research. It should be read in conjunction with Practice Note: Occupational stress claims—liability and foreseeability.Breach of dutyIf it is established that a defendant could foresee imminent harm arising from a claimant’s exposure to occupational stress, the defendant will be under a duty to take reasonable steps to reduce the claimant’s exposure to unreasonable levels of occupational stress

This Practice Note examines the legal framework governing occupational stress claims and the circumstances in which an employer may be liable. It considers the development and application of the Hatton guidelines with a particular focus on foreseeability as the central issue in establishing liability. The Practice Note reviews the factors courts consider when assessing whether an employer was on notice of a risk of harm, including workload concerns, stress-related absences, employee complaints, occupational health involvement and the nature of the work being undertaken.This Practice Note is not intended to be a definitive source of all information on this topic, but to act as a source from which practitioners can begin their own research. It should be read in conjunction with Practice Note: Occupational stress claims—breach, causation and apportionment.Occupational stress claims arise in instances where an employee suffers from a recognisable psychiatric condition (commonly depression and anxiety) as a result of their employer’s conduct. They are based on exposure to harmful levels of occupational stress, and are almost invariably,