Mental Health in the Workplace (1) – ‘Stress’ Claims and Workplace Standards and the European Framework Directive on Health and Safety at Work

Kay Wheat(1)

This is first of two articles that will address mental health issues at work.(2) It is written in the context of the case(3) brought by the European Commission against the UK government alleging that the standard of care prescribed by the Health and Safety at Work Act 1974 falls below that required by the European Framework Directive on the introduction of measures to encourage improvements in the safety and health of workers at work.(4)

It will be argued that such alleged divergences between the UK and Europe are not clear cut, and,in the context of mental health, given the more nebulous nature of mental ill health and its causes,such divergences might be negligible.

Footnotes:
(1) Reader in Law, Nottingham Law School, Nottingham Trent University.
(2) The second, and forthcoming, article will consider the treatment of mental health of workers and the Disability Discrimination Act 1995. Publication is planned for the next issue of the JMHL
(3) Case C-127/05. The case is pending before the European Court of Justice. It is anticipated it will be heard this year.
(4) Directive 89/391/EEC.

Price: £3.00

 

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