Walker Jack Consultants

Psychological Illness or Mental Distress Arising from Mistreatment

Sometimes there might be no obvious physical indication that a claimant has been the victim of an injury. This is because someone can be ‘injured’ mentally, emotionally or psychologically due to mistreatment from an employer or co-worker; examples would include unfair dismissal and racial or sexual discrimination. The victim’s appointed lawyer has to prove that such mistreatment has indeed taken place and demonstrate that their client has suffered as a consequence, e.g., loss of earnings, low self-esteem, anxiety, depression, etc. There is a plethora of legislation relating to this area of employment law, including the Sex Discrimination Act 1975, The Disability Discrimination Act 1995 (and 2005), The Race Relations (Amendment) Act 2000 and the Employment Equality Regulations 2003 (and 2006).

No win no fee employment solicitors review each individual case to ascertain the appropriateness of pursuing a compensation claim and the level that should be awarded. Historically, courts have been generally less willing to recognise that debilitating psychiatric conditions arising from mistreatment at work can and do affect hundreds of people every day just as adversely as physical injuries, but in recent years more victims of these ‘invisible’ injuries have won their rightful compensation.

Post traumatic stress disorder (PTSD) is a severe psychological reaction to an extreme upheaval or harrowing event, and certain professions are much more likely to be exposed to the possibility of being a victim of PTSD: those in the military, ambulance, police and fire services, for example. Symptoms include night terrors, flashbacks, blackouts, insomnia and feelings ranging from high anxiety to deep and inconsolable grief and/or guilt. PTSD renders victims unable to function properly both at work and at home and often the only way of treating it is through counselling, psychotherapy or cognitive behavioural therapy, often in conjunction with medication such as antidepressants.

Anyone unable to work because of mental distress or psychiatric disorder arising from bullying or discriminatory treatment might be able to make a claim for loss of earnings. A good employment solicitor will be in a position to give each claim a free no obligation appraisal and offer expert advice.