Stress at Work Claims Scotland

What Is a Work Stress Claim?

A work stress claim (or psychiatric injury at work claim) is a personal injury claim brought against an employer where the claimant has suffered a recognised psychiatric illness caused by their working conditions. Recognised conditions include clinical depression, generalised anxiety disorder, PTSD, adjustment disorder and other stress-related diagnoses. The claim is grounded in the employer's common law duty of care to protect employees from foreseeable harm — including psychiatric harm.

The Foreseeability Test

The most important — and most contested — element of a work stress claim is foreseeability. The law does not expect employers to prevent all stress, but does require them to take action when the risk of psychiatric injury to a particular employee was or should have been apparent. Indicators of foreseeability include:

• The claimant made complaints to management or HR about workload or stress
• The claimant was signed off sick for stress or anxiety previously
• A GP wrote to the employer or issued fitness certificates citing stress
• The employer was aware of persistent bullying or harassment
• The claimant's role was objectively unreasonably demanding

Bullying and Harassment Claims

Workplace bullying and harassment that causes a recognised psychiatric illness can give rise to a claim under: the employer's common law duty of care; the Protection from Harassment Act 1997 (where the conduct is a course of conduct causing alarm or distress); and, where the bullying is related to a protected characteristic, the Equality Act 2010. Employers have a duty to investigate complaints and take reasonable steps to stop bullying. Failure to do so can establish both liability and foreseeability.

Employer Duties — Risk Assessment and Management

Under the Management of Health and Safety at Work Regulations 1999, employers must assess the risk of work-related stress and take steps to address it. The HSE publishes Management Standards for work-related stress covering demands, control, support, relationships, role and change. Breach of these standards does not in itself create liability, but is relevant to whether the employer took reasonable steps.

Evidence in Work Stress Claims

Key evidence includes:

• Medical records — GP notes, psychiatric assessments, sick certificates
• Written complaints, emails or letters to management or HR
• HR records — formal grievances, disciplinary proceedings, outcome letters
• Occupational health referrals and reports
• Witness evidence from colleagues confirming working conditions
• Workload records — schedules, rotas, overtime records

What Compensation Can Be Claimed?

A successful work stress claim in Scotland can recover:

• Solatium — compensation for pain, suffering and loss of amenity
• Loss of earnings — including future loss if the condition affects employability
• Cost of psychiatric treatment and therapy
• Care and assistance provided by family members
• Other financial losses flowing from the psychiatric injury