Work Related Mental Stress: UK and Irish Courts Approach

Introduction:

The Irish courts in general have had a reputation for overlooking mental stress when it comes to liability and the quantification of damages. This attitude was inherited from our neighbouring common law jurisdiction of the United Kingdom. According to Lord Wensleydale way back in 1861; “mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone.” This attitude towards mental health has slowly been changing in recent years with the enactment (in Ireland) of new legislation such as the Safety, Health and Welfare at Work Act 2005 which makes provisions to encapsulate and deal with the issue of mental stress at work, validating it as a serious claim.

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