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Understanding Workplace Mental Health Claims

Updated: Nov 24

Learn about your legal rights regarding workplace stress, anxiety, and depression. Discover preventive measures and how to claim compensation for work-related mental health issues in the UK.


workplace mental health claims

Understanding Workplace Mental Health Issues


Mental health challenges in the workplace have become increasingly recognized as serious occupational hazards. Workplace stress, anxiety, and depression affect millions of UK workers annually, with the Health and Safety Executive reporting that work-related stress accounts for 51% of all work-related ill health cases.


Key Statistics


  • 17.9 million working days were lost due to work-related stress in 2019/20

  • 828,000 workers suffered from work-related mental health conditions

  • 55% of all sick days are attributed to stress-related absences


Legal Framework and Employee Rights


Under UK law, employers have a legal duty to protect employees from excessive workplace pressure and maintain a safe working environment. The Health and Safety at Work Act 1974 and Management of Health and Safety at Work Regulations 1999 establish this fundamental obligation.


Notable Legal Precedents


In Walker v Northumberland County Council [1995], the court established that employers can be held liable for mental health injuries caused by workplace stress. This landmark case opened the door for stress-related compensation claims.


Preventive Measures for Employees


Recognizing Early Warning Signs


  • Persistent fatigue and difficulty concentrating

  • Changes in sleeping patterns

  • Increased irritability

  • Physical symptoms like headaches or muscle tension


Practical Steps


  1. Maintain clear communication with supervisors about workload

  2. Take regular breaks and use annual leave

  3. Practice stress management techniques

  4. Document all instances of excessive workplace pressure


Making a Compensation Claim


Employees can pursue compensation claims if they can demonstrate:

  1. The employer knew or should have known about the risk to mental health

  2. The employer failed to take reasonable steps to prevent harm

  3. The mental health condition was caused by workplace factors


Recent Successful Claims


In Hatton v Sutherland [2002], the Court of Appeal established guidelines for stress-related injury claims, providing a framework for future cases. The case of Barber v Somerset County Council [2004] further reinforced employers' obligations regarding employee mental health.


Steps to File a Claim


  1. Seek medical evidence documenting your condition

  2. Gather documentation of workplace issues

  3. File a formal grievance with your employer

  4. Consider mediation or ACAS early conciliation

  5. Consult with specialized employment law solicitors


Compensation Amounts


Mental health compensation amounts vary based on severity:


  • Minor cases: £1,440 to £5,500

  • Moderate cases: £5,500 to £17,900

  • Severe cases: £17,900 to £51,460

  • Very severe cases: £51,460 to £108,620


How CANKO Law Firm Can Help


At CANKO Law Firm, we understand the sensitive nature of mental health issues and provides compassionate, professional legal support.


Our services include:


  • Free initial consultation

  • Thorough case evaluation

  • Expert legal representation

  • Support throughout the claims process

  • No-win, no-fee arrangements in suitable cases


Contact CANKO Law Firm today for expert guidance on your workplace mental health claim. Our experienced solicitors will help you understand your rights and pursue the compensation you deserve.

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