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According to the Recruitment and Employers Confederation stress is the largest health risk in the workplace with over 300,000 victims annually. The teaching profession is currently in crisis due to large numbers of teachers leaving their employment citing stress and overwork as the reason for resignation from their teaching job. A recent poll indicated that nearly half of all teachers were planning on leaving the teaching profession within the next 5 years citing increasing pressure (98%) and unmanageable workload (82%) as the reason. A teacher received damages of £300,000 for a stress related illness in 2000 and subsequently another teacher received damages in the sum of £250,000. There have also been many smaller awards with hundreds of teachers stress compensation claims being pursued in the courts by personal injury solicitors for recognised psychiatric illness including severe post-traumatic stress disorder (PTSD).

Stress at work has been recognised as actionable since the 1994 case of Walker vs Northumberland County Council. Since then the guidelines of what constitutes stress at work as a component for solicitors legal action has been honed and refined particularly by the 2002 case of Hatton v Sutherland and historically there are many successful solicitors compensation claims for stress against all categories of employers including public bodies such as the NHS and local authorities.

To succeed against an employer, a teachers stress compensation claim solicitor must prove that the employee suffered from a recognised psychiatric illness caused by a breach of either the Management of Health & Safety at Work Regulations 1992, the contract of employment or the employers common law duty of care and in addition the employer should have foreseen that these breaches were likely to cause psychiatric injury to the employee and failed to deal with the issues.

Compensation for stress related conditions consists of two items being pain and suffering and financial loss which is further divided into two main categories being actual quantifiable losses and further compensation for losses that must be estimated which includes future financial losses. Awards for teachers stress compensation claims are unlimited with no financial restriction.

3 Year Time Limits

Teachers stress compensation claims often have other elements of claim within them including bullying by more senior members of staff including heads of departments and headmasters, sexual and race harassment and discrimination for any number of reasons. Whilst most of these matters are individually dealt with by an Employment Tribunal which has very tight and strict time limits, a teacher stress claim is in fact not strictly an employment matter but is actually a personal injury claim dealt with in the civil courts where the time limit is three years from the events that caused the injury. If you have suffered psychiatric injury whilst teaching within the last three years, then you may very well have a valid personal injury claim against your employer wherein damages and compensation awards are unlimited.

Solicitors Dedicated Stress Department

We operate a dedicated stress at work compensation claim department and our team of specialist lawyers handle teaching claims on a no win no fee* basis. If you would like advice at no cost and with no further obligation just call our helpline or complete the contact form or email our offices and a solicitor who is a member of The Solicitors Regulation Authority panel of personal injury experts will assess your claim and give you legal advice.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here