We have seen an increase in underperforming staff who are being managed taking stress related claims. It would be great to see some advice detailing the key points employers should be mindful of in an attempt to minimise the risk that an employee will bring a claim on the grounds of stress.

Posted in : First Tuesday Q&A ROI on 2 February 2010
Matheson
Matheson

I assume that underperforming staff are placed on appropriate performance improvement plans and that the targets, objectives and timeframes set are reasonable, realistic and achievable. It is important to bear in mind that unless an employer is aware of a particular vulnerability in an employee, an employer is usually entitled to assume that an employee is able to withstand the normal pressures of the job in question. If an employer is actually aware or ought reasonably to have been aware that an employee is or might be suffering from occupational stress, then it is incumbent on the employer

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Back to Q&A's This article is correct at 02/09/2015
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