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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Work-Related Stress Claims

England & WalesLast reviewed 18 September 2026

A work stress claim needs a recognised psychiatric illness, not just unhappiness, caused by your employer's breach of duty. The key legal question is whether psychiatric injury to you was reasonably foreseeable, usually because your employer knew, or should have known, of signs that you were struggling.

The Legal Test

Direct Answer: The Court of Appeal in Hatton v Sutherland held that the threshold question is whether the type of harm to the particular employee was reasonably foreseeable, judged by what the employer knew or ought to have known about the employee and the work, and whether they took reasonable steps.

Employers are entitled to assume an employee can withstand normal pressures of the job unless there are signs to the contrary, such as previous illness, a pattern of sickness absence or complaints, or an unusually heavy workload. The House of Lords endorsed that approach in Barber v Somerset County Council [2004] UKHL 13.

Evidence That Supports a Claim

Useful evidence includes:

  • Emails, grievances or meeting notes where you raised workload or stress
  • Sickness records and occupational health referrals
  • Medical evidence of a diagnosed psychiatric injury and its cause
  • Evidence of workload, staffing levels or bullying
  • Any HSE Management Standards risk assessment, or the lack of one

What an Employer Should Do

The HSE's Management Standards cover demands, control, support, relationships, role and change. An employer who has assessed stress risks, adjusted workloads once problems were raised and offered support is in a much stronger position than one who ignored warnings.

Frequently Asked Questions

Can I claim for stress at work?

Only if you have a recognised psychiatric illness caused by your employer's negligence, and it was reasonably foreseeable to them. Ordinary work pressure and stress that does not amount to an illness are not enough.

What if my employer didn't know I was struggling?

Foreseeability is central, so if you never told anyone and there were no signs, the claim is much harder. Evidence that you raised concerns, or that signs were apparent from absence or behaviour, is critical.

Does an employer's counselling service protect them?

It can. The Hatton guidance suggested an employer who offers a confidential advice service and treatment will not usually be in breach, unless it knew the employee needed more than that.

Is bullying a separate claim?

Bullying can cause a psychiatric injury, and an employer's failure to stop it once aware can be negligence. There may also be employment law remedies, which have shorter time limits.

Can I claim if I resigned?

Yes. Leaving your job does not prevent a personal injury claim, though the timing may affect your employment law options, which have much shorter deadlines.

How long do I have to bring a work stress claim?

Generally three years from the date of the accident or, for an injury or illness that developed gradually, from your date of knowledge that it was significant and work-related. Different rules apply to children and people who lack capacity.

Can I make a workplace injury claim on a no win no fee basis?

Usually, yes. Most solicitors handle accident at work claims under a Conditional Fee Agreement, so you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages.

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What Is No Win No Fee?

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Hatton v Sutherland [2002] EWCA Civ 76

    Practical guidance on stress-at-work claims: the key question is whether psychiatric injury to this employee was reasonably foreseeable, usually from earlier signs known to the employer. Approved in Barber v Somerset CC [2004] UKHL 13.

  7. HSE — Management Standards for work-related stress

    Six areas of work design (demands, control, support, relationships, role, change) HSE expects employers to manage to prevent stress-related ill health.

  8. Employers' Liability (Compulsory Insurance) Act 1969

    Most employers must hold employers' liability insurance covering injury or disease to employees, so that a successful claimant can be paid.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.