LRD guides and handbook October 2024
Health and Safety Law 2024
Typically, successful cases have involved already vulnerable employees who return to work after an absence linked to mental health problems at work, such as stress or depression. They are not given the ongoing support and care needed to reintegrate effectively back into the workplace, leading to a further breakdown of mental health. It is the employer’s knowledge of an employee’s pre-existing vulnerability to mental illness that makes the later breakdown reasonably foreseeable, fixing the employer with liability for the employee’s injury and loss.