Employers have been warned to pay more attention to staff
hours after a landmark ruling opened the floodgates for
compensation claims linked to stress.
Pub company Six
Continents Retail (now Mitchells & Butlers) lost its appeal
in October against the award of money to a former employee
who collapsed from stress.
Mark Hone, who was working an 82- to 92-hour week when he
collapsed at work, had said to his employer that he felt
tired, but had not made an official complaint.
In previous cases, this would not have been enough to win
the verdict, but the judge said the hours he was working
represented a "cry for help", and his employer was culpable.
Roddy Macleod, a partner at Weightmans solicitors, said:
"The ruling means that ignorance is no longer a protection
for employers. If you don't have the proper safeguards in
place, you're going to end up in court paying compensation."
In the past, cases of staff stress were normally settled
in favour of the employer, especially if the member of staff
hadn't made a formal complaint about their situation.
Best practice points for employers
- Have a documented policy for dealing with stress.
- Analyse hours worked by employees for unusual patterns,
and make enquiries where necessary.
- Ensure any meetings are properly documented.
- Ensure employees likely to work more than a 48-hour
week have signed the opt-out from the Working Time
Directive.
- When you first suspect that circumstances might lead to
a claim, notify your employer liability insurer.
Source: Weightmans solicitors
