State of law stressed

Both employers and staff are at risk of falling foul of the law in workplace stress cases following a Court of Appeal decision last week, the Association of Personal Injury Lawyers (APIL) has warned.

The court quashed three awards - worth a total of 200,000 - because the claimants had not made their feelings known to their employers.

A fourth decision was upheld because the employee had repeatedly told her bosses that she could not cope with the workload.The court distinguished between employees' mental state and their physical well-being, saying it is harder for employers to gauge what is going on in people's minds.APIL treasurer David Marshall welcomed the clarification, adding that the court had made it clear that responsibilities lie on both sides.'Employers still don't treat psychiatric illness seriously, and this will serve as a warning shot they will have to start doing so,' he explained.

However, Mr Marshall said the ruling could cause difficulties for employees who were worried about the implications of admitting stress.

Mark Fowles, head of insurance at Veitch Penny - which acted for Somerset County Council in one of the quashed cases - praised the court for recognising that businesses are under immense pressure, while making it clear that 'inconsiderate employers will be exposed'.Paula Rohan