Is there case law to support employee issues with psychological safety?

In the United Kingdom, case law related to psychological safety often falls under the umbrella of employment law, harassment, and discrimination.

While there may not be specific cases that directly address psychological safety as a standalone concept, various cases have touched upon the broader issues related to creating a safe and healthy work environment.

Here are just a few examples:

Merritt v Thurrock Council (2010)

This case involved a local government employee who experienced workplace bullying. The Employment Appeal Tribunal ruled in favour of the employee, recognising the importance of maintaining a psychologically safe work environment. This case illustrates that the UK's legal system acknowledges the significance of psychological safety in the workplace.

Eastwood v Magnox Electric Plc (2004)

In this case, an employee brought a claim of constructive dismissal, citing workplace stress. The case highlighted the responsibility of employers to ensure the psychological well-being of their employees and the potential legal consequences if this duty is not met.

Bullimore v Pothecary Witham Weld Solicitors (2015)

This case involved allegations of harassment and discrimination against an employee on the grounds of sex and disability. The Employment Tribunal ruled in favour of the employee, emphasising the importance of psychological well-being and a harassment-free workplace.

Mental Health Discrimination Cases

UK law, including the Equality Act 2010, provides protection against discrimination based on mental health conditions. Various cases have addressed instances where individuals experienced discrimination or harassment related to their mental health, underscoring the need for psychological safety in the workplace.

Whistleblower Protection

UK law includes provisions for protecting whistleblowers who report wrongdoing in their organisations. Ensuring that whistleblowers are not subject to retaliation is a key aspect of psychological safety in the workplace.

While these cases do not explicitly use the term "psychological safety," they reflect the UK legal system's commitment to ensuring the well-being of employees and protecting them from various forms of harm, including psychological harm, in the workplace.

Employers are expected to create an environment where employees can work without fear of harassment, discrimination, or other forms of harm that may affect their psychological well-being.

For more specific guidance or information related to UK employment law and psychological safety, please get in touch.