[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Critical Evaluation of Psychiatric Illness suffered by Employees and role of Employers

Introduction

According to the Employment Rights Act 1996 article 44 section 1 the employer has to ensure working safety for his or her employees. The safety here refers to physical and mental safety. The cases which lead to mental illness or psychiatric illness are practicing physical dangers unwillingly on the employers command, sexual assault or harassment from seniors or co - workers. The mental deterioration due to work load and inadequate staff. Bullying from co - workers in the office environment. All these cases are observable in day to day office work, but if the employer takes reasonable steps hazards from these cases can be prevented. The following paper will highlight few cases from the UK Law history which have made it vulnerable for current employees to claim in the court of UK for damages caused due to mental deterioration (ERA, 1996).

Discussion

Before presenting the critical analysis for the psychiatric illness endured by an employee at the work place, we need to analyze the case which established the benchmarks for such debates. Hatton vs. Sutherland case established the basis for judging the rights of an employee who encounters mental illness due to work stress or work related environment. Hatton a school teacher encountered mental illness during teaching in the school. The claim of the teacher was that she endured work stress due to the restructuring of the school, and intense work load caused due to it. However, the court identified the fact that the teacher had encountered stress in life outside school and never complied with the school before quitting due to a nervous breakdown. I analyze that if the claiming had provided with written complaints to the school about work stress she might have won the case (Clark, 2002, pp. 1 - 5).

Barber vs. Somerset council was another case where the claimant mentioned work stress due to reorganization of the school. The court considered the fact that Barber was not the only teacher who had increased work load, and he never complied to the school earlier. I analyze that the court was reluctant to identify that teaching is not a job where mental stress is possible. However, it is not true teaching is a job continuous interaction with students and as a person gets older the stress related with this job increases. The court should have ...