Personal Injury Stress Claim

[Stress101]

Hi everyone
Please could anyone point me in the direction of advice around bringing a personal injury stress claim against my employer (representing myself)? I know that these are extremely difficult cases but I do believe mine has some merit, albeit probably a fairly low value. My employer has already acknowledged in writing that their actions made me unwell and I believe it is worth at least entering into the early stages of making a claim to see how they respond.
Thanks in advance.

[echat11]

Hi Stress101

You clearly want to resolve the matter with your employer.

The best thing to do might be to raise a (you could raise it informally if you want) formal grievance in writing, explain what's happened and why it's left you 'stressed' and what you want done about it to resolve the matter. It might be an idea to provide a letter from your Doctor if you've had to seek help from a HCP. Also look at your employee handbook regarding health issues.

[Stress101]

Hi Echat11, thanks for your speedy response.

I have already been through the grievance process. My grievance was upheld and they admit that their failures made me unwell over a sustained period, throughout which I was frequently notifying them of the impact on my health and receiving medical support - none of this is disputed.

I would like them to compensate me for my suffering and although I work with employment law, I can't identify any ET claims. Therefore the only possible avenue appears to be a PI claim for stress but I have very limited experience in this area and the process itself looks quite daunting if you don't have legal representation.

I'm reasonably comfortable to articulate and present my case but am also aware that stress claims are very difficult so am trying to get a better idea of how hard it would be to act for myself - eg I'd like to at least put my case to them and see how they respond. If they deny liability and I don't have the energy left to fight them, could I withdraw the claim with minimal cost implications?

I work for a large organisation who should definitely not be making mistakes of this nature, which has made it all the worse to go through.

Hope this provides some further clarification :-)

[echat11]

Which ever direction you take, ET, Courts they expect you to turn to them as a last resort. You work for a 'big organisation', you say they have admitted liability so there is cause to suspect they would be willing to settle the matter without you having to resort to other 'mechanisms' i.e. ET, Courts etc.

There is also Mediation steps you can take, ACAS etc. What I would do is put a 'articulate' letter together pointing out the failures etc, and what you seek as redress, i.e. compensation. It's in your interest, as all other avenues would involve 'stress' to some extent.

Have a read of the following (posted for article) - https://www.morrishsolicitors.com/re...tress-at-work/

[Stress101]

Thanks. I agree it is in nobody's interests to litigate but I also don't think many employers would take a request for compensation seriously without legal proceedings being initiated so I was hoping to find out more about the Pre Action Protocol as it looks like this is the first step. If a formal letter from myself is likely to have the same effect then I could give that a go.
The article was really helpful, thank you, I appear to meet the criteria set out in that.

[echat11]

https://www.justice.gov.uk/courts/pr...l/prot_pic#3.1

[echat11]

Have you got Legal Expenses in any of your insurance policy products?

[Celestine]

Most personal injury claims with merit are represented by specialist firms on a no win no fee basis. A quick Google of 'personal injury for stress' results in several such solicitors firms.
The other benefit of this system is that claims without merit are weeded out and cannot be offered a no win no fee contract.
This would not be a task I would recommend you undertake yourself, especially if you have suffered a stress related injury at work, trust me self represented litigation is not going to assist your recovery.
Speak to a few firms, from what you tell us you have a good case and a solicitor will hopefully be able to clarify whether this is suitable for a no win no fee (Conditional Fee Agreement to give it it's legal name). Best of luck X

[Stress101]

Have you got Legal Expenses in any of your insurance policy products?

I checked and it doesn't cover these claims!

[Stress101]

Most personal injury claims with merit are represented by specialist firms on a no win no fee basis. A quick Google of 'personal injury for stress' results in several such solicitors firms.
The other benefit of this system is that claims without merit are weeded out and cannot be offered a no win no fee contract.
This would not be a task I would recommend you undertake yourself, especially if you have suffered a stress related injury at work, trust me self represented litigation is not going to assist your recovery.
Speak to a few firms, from what you tell us you have a good case and a solicitor will hopefully be able to clarify whether this is suitable for a no win no fee (Conditional Fee Agreement to give it it's legal name). Best of luck X

Thank you for your response - my union's solicitors turned it down. I wasn't expecting it to be easy but their merits assessment seemed bonkers and I am of the view that it was at least worth entering into the early stages as I do believe my employer will agree to settle it. (I also realise this makes me sound like I think I know better than a qualified solicitor, I know I don't, I just wasn't left feeling it had actually been considered).
If it was an ET claim I'd have gone through the ACAS EC stage myself and if then made a decision from there, but this is unfamiliar territory and you're right, I could do without more stress.
The stress I experienced was more around harassment and a hostile working environment over a lengthy period of time - it's a long and complicated saga but my concerns about the impact on my health were explicitly documented throughout and my employer has just upheld my grievance admitting that their failings made me unwell. None of the facts are disputed, so on that basis alone I'm finding it hard to accept I shouldn't at least attempt to seek compensation so that there is a consequence for their failings and might help prevent this happening again.

I will try a couple of no win no fee companies and obviously if they all tell me the same thing then I'll just have to admit defeat!
Thanks again

[Stress101]

https://www.justice.gov.uk/courts/pr...l/prot_pic#3.1

Thank you - it looks like it would be a very stressful experience trying to represent myself, I just hate giving up without feeling like I've exhausted all my options! I'll try a couple of no win no fee solicitors to see if any would be willing to take it on but I think their merits thresholds will be too high for a relatively low value and complex claim.
Thanks for your help :-)