Workplace Report March 2004

Features: Law Contracts

Stress

Case 8: The facts

Christine Bonser was awarded more than £38,000 by the county court, in a claim for damages for stress against her former employers. The employers appealed to the Court of Appeal.

The ruling

The court noted that Bonser had suffered from depression in her previous job. However, while working for her employers she did not show, by her conduct or by complaint, anything that suggested that there was an imminent risk to her health.

She had been found in distress on occasion but, according to the Court, that of itself did not impose upon a reasonable employer a need to take steps to avert an imminent psychiatric breakdown.

The court also noted that, while overwork of itself is likely to lead to stress, "it is altogether less likely to lead to the breakdown of the stressed employee's health". The ruling confirms the stricter stand taken by the court in earlier decisions.

Bonser v UK Coal Mining [2004] IRLR 164