Work Related Stress and Psychiatric Injury: Can You Claim for a Breakdown Caused by Work?

You can claim compensation for a workplace breakdown, but only where you have suffered a recognised psychiatric injury, such as clinical depression or an anxiety disorder, and your employer knew or ought to have known you were at risk and failed to take reasonable steps to prevent it. Feeling stressed or unhappy at work, on its own, is not enough to found a claim.

Stress Itself Is Not a Legal Injury

This is the starting point that surprises many prospective clients, and it is worth being upfront about it. The law does not treat workplace stress, in the everyday sense, as a compensatable injury. To bring a successful claim, you need medical evidence of a recognised psychiatric illness, such as a diagnosed depressive disorder, an anxiety disorder, or post-traumatic stress disorder, that has been caused or materially contributed to by your working conditions. A difficult period at work, even a genuinely miserable one, does not by itself give rise to a legal claim unless it has tipped into a diagnosable condition.

This distinction matters because it shapes what evidence a claim needs from the outset. A claim for psychiatric injury caused by work stands or falls on medical evidence, ideally from your GP records and, in due course, an independent psychiatric expert instructed as part of the claim.

The Legal Test: Foreseeability Is Everything

Claims for psychiatric injury caused by workplace stress are assessed under ordinary negligence principles, the same basic framework as any other personal injury claim: did your employer owe you a duty of care, did they breach that duty, and did that breach cause your injury. The leading authority on how this applies to stress claims is the Court of Appeal’s decision in Hatton v Sutherland, later approved by the House of Lords in Barber v Somerset County Council.

The central principle from these cases is that an employer will only be liable if psychiatric injury to that particular employee was reasonably foreseeable. This is a more demanding test than it sounds. It is not enough to show that a stressful working environment might cause some people to suffer psychiatric harm. You need to show your employer knew, or ought reasonably to have known, that you specifically were at real risk of a breakdown, and failed to take reasonable steps in response.

In practice, foreseeability is usually established through evidence such as:

• A previous period of sickness absence for stress, anxiety or depression, followed by a return to the same unaddressed pressures
• Clear, specific complaints raised with a manager, HR, or occupational health about workload, bullying, or working conditions
• Visible signs of distress that a reasonable employer should have picked up on and acted on
• A pattern of sickness absence or turnover among others doing the same role, pointing to a systemic problem

Crucially, the courts have been clear that foreseeability is assessed in relation to you as an individual, not employees generally. An employer is entitled to assume, in the absence of contrary indication, that an employee can withstand the normal pressures of their job. This is why the strongest claims usually involve a first episode of illness that put the employer on clear notice, followed by a second, more serious breakdown after nothing was done to address the underlying cause.

What Employers Are Expected to Do Once They Are on Notice

Once an employer is, or reasonably ought to be, aware that an employee is at risk of psychiatric injury, the law expects them to take reasonable steps in response. What counts as reasonable will depend on the size and resources of the organisation and what was practically available to it, but common examples include:

• Reducing or redistributing an unmanageable workload
• Referring the employee to occupational health for assessment and support
• Making adjustments to working hours, targets, or reporting lines
• Investigating and acting on complaints of bullying, harassment, or unreasonable management conduct
• Following up meaningfully after a period of sickness absence, rather than allowing someone to return to exactly the same pressures

Employers who provide access to a confidential counselling or employee assistance service are, under the Hatton principles, generally in a stronger position to defend a claim, since offering that kind of support is treated as a reasonable response in many circumstances. This does not mean an EAP scheme is a complete shield against liability, particularly where the underlying cause of the problem, such as an unmanageable workload or ongoing bullying, is never actually addressed.

How This Differs From an Employment Tribunal Claim

It is worth being clear about a distinction that often causes confusion. A personal injury claim for psychiatric injury is a civil claim for compensation, brought in the county court or High Court, and is entirely separate from any employment tribunal claim you might have, such as constructive dismissal, discrimination, or a whistleblowing detriment claim.

These two routes have different legal tests, different evidence requirements, and critically, different time limits. A personal injury claim for psychiatric injury is subject to the standard three year time limit under the Limitation Act 1980, usually running from your date of knowledge of the injury and its cause. Employment tribunal claims, by contrast, generally must be brought within three months less one day of the event complained of, subject to a mandatory early conciliation process through Acas. It is entirely possible to have grounds for both types of claim arising from the same underlying situation, and in some cases pursuing both is appropriate, but they need to be advised on and progressed separately.

What Evidence Supports a Stress and Psychiatric Injury Claim?

Because these claims turn heavily on what your employer knew and when, building a strong evidential picture matters more here than in many other types of personal injury claim. Useful evidence typically includes:

1. GP records documenting when you first sought help, and for what
2. Any occupational health reports or referrals made during your employment
3. Emails, letters, or notes of meetings where you raised concerns about workload, bullying, or working conditions
4. Sickness absence records, particularly any earlier period of stress-related absence
5. Witness evidence from colleagues who observed your working conditions or the impact on you
6. An independent psychiatric expert report, usually obtained once the claim is under way, confirming diagnosis and the link to your working conditions

What to Do Next

If you believe your mental health has been seriously affected by your working conditions, the first priority is your own wellbeing and treatment. Beyond that, from a legal perspective:

1. See your GP and be specific about the link you believe exists between your symptoms and your work, so this is properly recorded
2. Keep a record of specific incidents, workload issues, or conduct that you believe contributed to your condition, with dates where possible
3. Raise concerns formally with your employer where you feel able to, since this can be important evidence of what they knew
4. Speak to a specialist solicitor to assess whether the foreseeability test is likely to be met on your particular facts, before deciding how to proceed

Claims for psychiatric injury caused by work are genuinely fact sensitive, and not every difficult working environment will meet the legal threshold, so an honest early assessment matters more here than in most areas of personal injury work. At Satchell Moran Solicitors, our specialist team reviews the medical and factual evidence carefully before advising on prospects, and acts on a no win, no fee basis so there is no financial barrier to finding out where you stand. We hold dual Lexcel accreditation, reflecting the standard of care we apply to sensitive, evidence-heavy claims of this kind.

If work has affected your mental health and you are unsure whether you have grounds to claim, get in touch with Satchell Moran Solicitors for a free, no obligation and confidential discussion.