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: Business corporations are instituted for the primary purpose of economic gain. 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 face several potential risks to their mental and physical health. The paradox lies in the fact that an unhealthy and burnt-out workforce is less productive than that which is relaxed and contented. But despite this, work-related stress continues to be a nagging problem facing business leaders and workers alike. With the profit motive being paramount for business leaders, their policies and decisions should be regulated by law. The common law duty of care provisions were designed toward this end, namely to hold employers liable for psychiatric illnesses suffered by employees, and for especially those illnesses arising as a result of employees being made to work under stressful conditions. (Vincent, 2009, p.45) The rest of this essay will critically evaluate this law and its effectiveness. A recent case of failure in duty of care that got media coverage is the accidental death of a Northumberland man, whose employers were found guilty of not following rudimentary safety principles required by law. The circumstances of this tragic incident might be unique to the shipping industry; but the lessons learned from it is applicable to all workplaces that pose threats to safety of workers. For example, as the Grampian Police and the Health and Safety Executive rightly identified, the incident is symptomatic of much wider failure, namely, the lackadaisical attitude of top management to “exercise a reasonable duty of

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