Sutherland v Hatton

Sutherland v Hatton
In 2002 the Court of Appeal gave a landmark judgment in four joined stress cases,
Sutherland v Hatton: Somerset County Council v Barber: Sandwell Metropolian Borough
Council v Jones: Baker Refractories Ltd v Bishop £2002j EWCA Civ 76.
The judgment sets out guidelines on an employer’s common law obligations in relation to
workplace stress-related illness. In three of the cases, the employers were not liable for their
employees’ stress-related illnesses. Only with some hesitation, was liability found in the
fourth case.
The Court of Appeal’s decision signalled the way for employers to take a more robust
approach to this type of claim.
The guidelines given by the Court of Appeal in the Sutherland v Hatton case are as follows:
. There are no particular control mechanisms for psychiatric illness (such as
depression) arising from workplace stress.
. The test is the same whatever the employment. No occupation is to be regarded as
intrinsically more dangerous than another to an individual’s mental health.
. One of the crucial questions is whether the effects …

This article, written by Rymer Rigby, appeared in the Financial Times on 9th June 2008.

Rescuers discovered a man washed up on a South Pacific beach. He had been attacked by a shark and was in need of medical attention. But the only identification anyone could find was an employee assistance programme card in his pocket: this was sufficient detail for emergency treatment to swing into action.

“We were contacted and authorised treatment and made sure the company was informed,” says Jeremy Garman, sales and marketing director at Axa Icas, an occupational health services company. “Twenty-four hours later we realised he needed microsurgery on the [Australian] mainland so we authorised an airlift. He got the surgery which almost certainly saved his life.”

David Smith, secretary of the Employee Assistance Professionals Association, recalls another rescue operation - a man became separated from his tour group in a game park in Tanzania’s Serengeti; he called his EAP with his mobile and, after liaising with the park rangers, they managed to locate him and ensure his safe return to the lodge. …

People with depression often claim incapacity benefit

A fundamental overhaul of the support given to workers who are off work through illness is needed, a government adviser says.Dame Carol Black, the national director for health and work, said ill-health was costing the economy £100bn a year.

Her report, commissioned by ministers, called for a new fit-note system as well as fit for work schemes embedded in the NHS to help people back to work.

She said the reforms could help cut the numbers on incapacity benefit.

Some 350,000 people a year move from long-term sick notes in to the system.

KEY RECOMMENDATIONS

GPs - Current sick note system should be reformed to create fit notes, spelling out what the patient can do

Employers - Should offer more support to staff including healthy lifestyle promotion, such as subsidised gym membership, as …

From the BBC website: Health Secretary Alan Johnson is expected to set out how he wants to reform the nation’s “sick-note” culture.

http://news.bbc.co.uk/go/em/fr/-/1/hi/health/7253577.stm

London Underground operates the tube system, as part of Transport for London; they have nearly 13,000 employees. Their Stress Plan was initially developed as a pro-active health initiative to focus on reducing the organisation’s stress-related losses. Not only has it achieved this aim, but has benefited their employees by providing a model of health intervention, including time management, optimum physical health – including diet and exercise, work/life balance, relaxation, relationships at work and at home and personal responsibility and decision making.

Processes
London Underground’s 2002/3 health report highlighted the organisation’s losses with regards to health and was used as a basis to secure five years funding for a proactive Health Plan to deliver business benefits in line with the organisation’s objectives, the Stress Plan forms part of the Health Plan.

The Stress Plan was developed in conjunction with a consultant (Emerald Jane Turner) and comprises a number of interventions, the foundations of which were the Stress Reduction Programme and the Managers Toolkit. They were designed to meet the needs of the organisation; to enable managers to better …

Parcelforce Worldwide is a leading provider of time-guaranteed express parcels, reaching all 27 million UK addresses and 99.6% of the global population. In 2002 Parcelforce Worldwide launched its turnaround strategy to maintain its position in an increasingly competitive marketplace. Whilst the project achieved financial success it resulted in increasing high absence and accident rates and low employee satisfaction. In response to this Parcelforce Worldwide committed themselves to creating a safer workplace and a healthier workforce.

Processes
Parcelforce Worldwide identified a strong business case from which they set three key objectives which formed part of the business plan:

• Better understanding of ill health to prevent absence and support absent employees.
• Fewer injuries and absences resulting from accidents.
• Helping employees to improve their own and their families’ health

They achieved this by firstly influencing management behaviour. This included raising the awareness of health and well-being and providing new management information. By doing this they aimed to move the focus from absence to attendance. Parcelforce Worldwide recognised that the best people decisions could be made locally and enabled local managers to make decisions on …

AstraZeneca’s health and well being programme reduces the impact of ill health and creates and promotes a positive and dynamic working environment that helps them attract, develop and retain top talent. ProcessesAstraZeneca is an international healthcare business. They believe that a sense of personal wellbeing is essential if their employees are to contribute effectively and consistently to the innovation and creativity that will give them an added advantage in an increasingly competitive global environment.  Providing a healthy, safe and energising work environment for all their employees is a fundamental consideration. Their programme “Health and Wellbeing in AstraZeneca” is designed to promote physical and psychological welfare and to help their employees cope with demanding jobs and busy lives.  In the
UK, this includes health …

The following is an example of a policy statement on bullying and harassment, what is bullying and examples of harassment and offensive behavior.  It has been taken from Beeclear Drainage’s web site. 

 

Policy statementThe Company is an equal opportunity employer and is fully committed to a policy of treating all its employees and job applicants equally.The Company will take all reasonable steps to employ, train and promote employees on the basis of their experience, abilities and qualifications without regard to race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment, age, marital or civil partnership status or disability. The Company will also take all reasonable steps to provide a work environment in which all employees are treated …

Stress and Bullying - Employers Beware

These two high court cases as lloked at by Sarah Michael make for interesting reading:

Helen Green was employed by Deutsche Bank for four years, between October 1997 and October 2001. Ms Green, who had a history of depression, suffered two separate mental breakdowns. The first occurred in November 2000 when she was admitted to hospital and diagnosed as suffering from a major depressive illness. After returning to work part-time in the following March she suffered a further relapse in …