You may be able to claim compensation if workplace stress has caused a recognised psychiatric illness — such as clinical depression, anxiety disorder or PTSD. General unhappiness or everyday stress is not enough. A successful workplace stress claim requires showing that the psychiatric injury was reasonably foreseeable to your employer and that the employer failed to take reasonable steps to prevent it. These claims are guided by the Hatton v Sutherland [2002] guidelines.
Workplace stress claims are among the most difficult personal injury claims to succeed with, but they are by no means impossible. The law recognises that employers owe a duty of care for their employees' mental as well as physical health. This guide explains what you need to prove. We are an independent information service, not a law firm.
What counts as a workplace stress claim?
A workplace stress personal injury claim is a civil negligence claim against your employer for psychiatric injury caused by work. To succeed, you generally need:
- A diagnosed psychiatric condition — confirmed by medical evidence (a GP diagnosis of clinical depression, a psychiatrist's report, etc.)
- Evidence that work caused or materially contributed to the condition
- Evidence that the psychiatric injury was reasonably foreseeable to the employer
- Evidence that the employer breached its duty by failing to take reasonable steps
The Hatton guidelines
The Court of Appeal in Hatton v Sutherland [2002] EWCA Civ 76 (later approved by the House of Lords in Barber v Somerset County Council [2004]) set out practical propositions for workplace stress claims. The key principle is foreseeability: was the psychiatric injury to this particular employee reasonably foreseeable? Relevant factors include:
- Whether the employee had told the employer about stress or health problems
- Whether there were obvious signs — excessive hours, previous absences, visible distress
- Whether the workload was abnormally heavy compared to comparable roles
- Whether the employer had occupational health or support systems in place
✓ The importance of raising complaints
An employer is generally entitled to assume that an employee can cope with normal pressures unless it knows otherwise. If you raised concerns about your workload, bullying or mental health and the employer failed to act, that is powerful evidence of foreseeability and breach.
Common causes of workplace stress claims
| Cause | Why it supports a claim |
|---|---|
| Excessive workload without support | Employer failed to resource the role adequately or ignored complaints |
| Bullying or harassment | Employer knew or should have known and failed to take action |
| Failure to make adjustments after absence | Employee returned from stress-related absence and employer imposed the same or worse conditions |
| Inadequate training for a demanding role | Employee placed in a position they were not equipped for |
| Unreasonable performance management | Aggressive disciplinary processes without justification |
Compensation for workplace stress
Compensation has two elements. General damages for psychiatric injury are guided by the Judicial College Guidelines (17th edition, 2024):
- Less severe psychiatric damage (temporary, good recovery): up to approximately £6,540
- Moderate psychiatric damage (significant disability, some recovery): approximately £6,540–£23,270
- Moderately severe (marked problems, guarded prognosis): approximately £23,270–£56,180
- Severe (poor prognosis, major impact on all areas of life): approximately £56,180–£122,850
Figures are from JCG 17th edition (2024) and are approximate general damages only; every case is assessed individually.
Special damages cover financial losses: lost earnings (past and future), medical treatment costs, therapy, medication, travel and care.
Personal injury claim vs employment tribunal
A workplace stress personal injury claim is different from a constructive dismissal or discrimination claim in the employment tribunal. Key differences:
- PI claims can award unlimited damages including full loss of earnings; tribunal compensation for unfair dismissal is capped
- PI claims focus on the psychiatric injury; tribunal claims focus on the employment relationship
- The two can run in parallel — for example, a bullying case might support both a PI claim and a harassment claim under the Equality Act 2010
Frequently asked questions
Can I claim compensation for stress at work?
You may be able to, but only if work-related stress has caused a recognised psychiatric illness such as clinical depression, generalised anxiety disorder or PTSD. General unhappiness or everyday stress is not enough. You must show that your employer knew or should have known of the risk to your health and failed to take reasonable steps to prevent it.
What is the Hatton test for workplace stress claims?
The Court of Appeal in Hatton v Sutherland [2002] set out practical guidelines for workplace stress claims, later approved by the House of Lords in Barber v Somerset County Council [2004]. The key question is foreseeability: was the psychiatric injury to this particular employee reasonably foreseeable to the employer? If so, did the employer breach its duty by failing to act?
What evidence do I need for a workplace stress claim?
You need medical evidence of a diagnosed psychiatric condition, evidence linking it to work (such as GP records, occupational health reports, and your own records of workload and complaints), and evidence that you told your employer about the problem or that it should have been obvious. A medical expert report is essential.
Is workplace stress the same as a constructive dismissal claim?
No. A constructive dismissal claim is an employment tribunal claim for unfair dismissal, typically seeking limited compensation. A workplace stress personal injury claim is a civil claim for the psychiatric injury itself, which can result in significantly higher compensation including damages for pain and suffering and full financial losses. The two can sometimes run in parallel.
What kind of compensation can I get for work-related stress?
Compensation depends on the severity of the psychiatric injury. The Judicial College Guidelines (17th edition, 2024) provide brackets for psychiatric damage. Moderate psychiatric damage is in the range of approximately 6,540 to 23,270 pounds (general damages). Severe cases can be significantly higher. You can also claim special damages for lost earnings, medical treatment and other financial losses.
What are common causes of workplace stress claims?
Common causes include excessive workload without support, bullying or harassment, lack of training for a demanding role, failure to make reasonable adjustments after a previous absence, unreasonable performance management, and failure to address known workplace conflicts. The employer's response to complaints is often critical to the claim.
Get help from official, free sources
- HSE — Work-related stress — employer duties and management standards
- ACAS — advice on workplace disputes and bullying
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- Citizens Advice — free, impartial guidance
Related guides: psychological injury claims, PTSD and trauma claims, accident at work claims, RSI claims, and how to make a claim.