StudentShare solutions
Triangle menu
  • Home
  • Subjects
  • Visual Arts & Film Studies
  • Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions

Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions - Essay Example

Nobody downloaded yet

Extract of sample
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions

re have a liability in case his or her employee suffers from any psychiatric illness because of working under stressful conditions as the discussion below portrays.
A stressful working environment is definitely unconducive thus not productive. Creating a conducive working environment in not only a motivational technique used by employers to enhance productivity but is also a basic right for every employer. Recruiting employees to a position requires that an employer consider the professional maturity of the employees thus his ability to handle the stress that may arise from the job. For an employee to contract a psychiatric condition because of working in stressful working environment the employer is arguably liable for either causing the stress or negligence both of which are provable forms of a breach on duty of care.
The application of duty of care in England requires key specific features. These include the existence of a “reasonable foreseeable” result of the employer. An employee working in a stressful is defiantly foreseeable. Such employees are likely to complain to their employees characterized with instances of underperformance. With such signs, an accommodative employer should either replace an employee or improve the working condition by addressing the concerns of the employees with the view to preventing any form of psychiatric breakdowns. When such features of the workplace persists to the point of an employee acquiring a psychiatric disorder, then the employer is liable for breaching the duty of care since they failed to care for the safety and health of their employees.
Secondly, the English common law requires a plaintiff to prove proximity with the defendant (BAILEY, 2005). The scope of application of the duty of care dictates that the law is applicable even in cases where the two are far apart. The relationship between an employer and an employee for example is always intimate. An employee is part of the resources belonging to the ...Show more
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Critically evaluate, in relation to the common law duty of care, the Essay - 20”, n.d.)
Retrieved from https://studentshare.net/visual-arts-film-studies/717880-critically-evaluate-in-relation-to-the-common-law-duty-of-care-the-liability-of-employers-for-psychiatric-illnesses-suffered-by-employees-and-arising-as-the-result-of-employees-being-made-to-work-under-stressful-conditions
(Critically Evaluate, in Relation to the Common Law Duty of Care, the Essay - 20)
https://studentshare.net/visual-arts-film-studies/717880-critically-evaluate-in-relation-to-the-common-law-duty-of-care-the-liability-of-employers-for-psychiatric-illnesses-suffered-by-employees-and-arising-as-the-result-of-employees-being-made-to-work-under-stressful-conditions.
“Critically Evaluate, in Relation to the Common Law Duty of Care, the Essay - 20”, n.d. https://studentshare.net/visual-arts-film-studies/717880-critically-evaluate-in-relation-to-the-common-law-duty-of-care-the-liability-of-employers-for-psychiatric-illnesses-suffered-by-employees-and-arising-as-the-result-of-employees-being-made-to-work-under-stressful-conditions.
  • Cited: 0 times

Summary

In the British common law, duty of care refers to a form of legal obligation that require individuals to adhere and provide particular standards while undertaking activities that may cause harm to others (Kidner 2012). Employers must always accommodate their employees a feature…
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Critically evaluate, in relation to the common law duty of care, the liability of employers for references
Thus, the information provided by the maker of the reference (hereafter referred as referee) is usually received by the recipient as Gospel truth. In issuing a reference, to whom does the referee owe fidelity: to the subject or the recipient? Should the subject disagree with the contents, on what grounds can it be challenged and may the subject claim compensation for any misinformation?
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for references
The duty of care is owed to the claimant in the following circumstances: when the damage to the claimant is reasonably foreseeable. Secondly, when the relationship between the claimant and the defendant is sufficiently proximate and, three, when it is just and reasonable to impose a duty of care (Wesemann, 2011).
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for references
Most of the crimes committed in most cases relate to torts which are either intentional or by mistake. In the execution of the law of torts it is necessary to understand the provisions that guide on this law. Tort law and the law on contracts are the most commonly referred within the legal circles.
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered b
Psychiatric illness inflicted negligently by an employer amounts to liability for negligent misstatements by the employer (Hodgson and Lewthwaite, 2007). The case piting Walker vs. Northumberland County Council (1995), stated that the employer’s duty of care to provide a safe working system extended to the case where it reasonably foresaw that the employee might suffer psychiatric damage due to stress caused by the amount and nature of work the employee carried out.
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, doe
One of the reasons that prevent employees from finding jobs or securing contracts is the negative references delivered to their potential employers, upon employee’s evaluation for the jobs. Most people especially in the third world countries tend to ignore these actions, but in the western world, once such an issue is determined, blame is passed on the former or current employer upon reference information reaching a prospective employer may end in a lawsuit.
8 pages (2000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, doe
In addition, it is always the expectation of all prospective employers that employees should be able to provide references or allow the potential employer to obtain one from the former employer. One thing that is evident today is the fact that, in situations where an employer fails to provide fair or accurate reference either through carelessness, negligence, or malice, the employer may face legal actions.
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does
There are a wide range of legal issues that surround employment references and other information provided by employers about their former employees. In reference to common law, there are four potential sources of liability arising from employment references.
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does
By and large, a duty of care comes up where one singular or group attempts a movement which could sensibly hurt an alternate, either rationally, physically, or financially. Failure to take such care can bring about the respondent being subject to pay harms to a gathering who is harmed or endures misfortune as a consequence of their rupture of duty of care.
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions
Often, as the pressure to show impressive profits in each financial quarter increases, it is the workforce who are put under undue stress. Ranging from unreasonably high productivity standards, to sub-standard and hazardous work environments, workers
4 pages (1000 words) Essay
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions
loyers have legal duty of care under common law to their employees by ensuring that their workplace is free of stress causing events or factors, which can cause psychiatric illness. Munkman (1990) argue that psychiatric injuries that are caused by the negligence of an employer
4 pages (1000 words) Essay
Comments (0)
Click to create a comment
Let us find you another Essay on topic Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us