Employers' liabilities for work-related stress

This article explores the forces that are currently shaping employers' liabilities in respect of work-related stress. It is argued that work-related stress is an area where regulation is tightening. Consequently, more will be expected of employers in order to fulfil their general duties under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 in respect of work-related stress. Thus, the law in this respect looks set to become more burdensome to employers. In contrast, the recent Court of Appeal decision in Sutherland v. Hatton has been seen as setting limits on employers' civil liability for work-related psychiatric illness. However, this article suggests that, because Sutherland is in certain respects based on the "state of the art", and this is itself still developing, the limits as expressed in Sutherland are not as certain as they may at first appear.