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ARTICLE · 30 JANUARY 2007

When Does A Stress Injury Become "Reasonably Foreseeable"?

A recent case on workplace stress, Tina Marie Hiles v South Gloucestershire NHS Primary Care Trust, examined when it may be reasonably foreseeable that an employee is vulnerable to injury from workplace stress.

United KingdomEmployment and HR
Mark Tyler
Mark Tyler
Jessica Burt
Jessica Burt

A recent case on workplace stress, Tina Marie Hiles v South Gloucestershire NHS Primary Care Trust, examined when it may be reasonably foreseeable that an employee is vulnerable to injury from workplace stress.

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A recent case concerning stress, Tina Marie Hiles v South Gloucestershire NHS Primary Care Trust, (20/12/2006 Queens Bench Division) has assisted in illustrating when it may be reasonably foreseeable that an employee is vulnerable to injury from workplace stress.

Stress cases are particularly difficult because of the nebulous nature of the injury. Whether or not liability may be established will depend upon ‘whether this kind of harm to this particular employee was reasonably foreseeable’. This is termed the "threshold question" as established in the House of Lords case of Sutherland v Hatton (2002.)

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