Stress at Work Claims: Your Rights and How the Law Has Evolved in 2025

In 2022, we released a guide explaining your rights regarding stress at work claims. Since then, legislative updates and changes have affected how the workplace must respond to workplace stress claims.

In this guide, we will outline some of the updates that have happened to stress at work claims and outline how these changes may affect you.

What is a Stress at Work Claim?

A stress at work claim is a legal action where an employee seeks compensation because their employer failed to prevent or manage excessive workplace stress that caused mental or physical harm. Employers in the UK have a legal duty of care to protect staff wellbeing, and failure to address unreasonable workloads, bullying, or unsafe working conditions may result in a personal injury or employment law claim.

Understanding Work-Related Stress Rights

Work-related stress continues to be one of the most significant causes of illness and work absences across the UK. In recent years, the law has evolved to better recognise the impact of psychological health on workplace wellbeing. With updates to employment legislation and growing pressure on employers to take mental health seriously, understanding your work-related stress rights has never been more important.

At Brown Turner Ross, our team of specialist solicitors are here to provide legal assistance to help you navigate these changes and ensure you get the outcome you deserve.

The Legal Duty of Employers

Under the Health and Safety at Work Act 1974, employers in the UK have a statutory duty to protect their employees’ health, safety, and welfare. This duty extends beyond physical safety to include psychological well-being.

The Health and Safety Executive (HSE) now explicitly emphasises that stress is a workplace hazard like any other and must be assessed, managed, and reduced where possible.

As part of this duty, employers must carry out regular risk assessments that consider potential sources of stress. Where there are five or more employees, these assessments must be written down, and even smaller employers are encouraged to keep clear records to show they are meeting best practice standards.

The HSE’s Working Minds campaign continues to remind employers that ignoring mental health concerns can amount to a breach of their legal obligations and employment law.

The Role of the Equality Act

Work related stress often overlaps with other legal protections. Under the Equality Act 2010, employers have a responsibility to make reasonable adjustments for employees whose stress or anxiety amounts to a disability. Failure to recognise and accommodate these issues could result not only in a personal injury claim or negligence claim, but also in a claim for discrimination.

Harassment and bullying at work are also key factors in stress-related claims. Employers must take reasonable steps to prevent psychological or emotional abuse in the work environment, with the law increasingly treating these behaviours as health and safety concerns.

New Developments in 2025

The landscape of employment law continues to evolve. The Employment Rights Bill, which is gradually being introduced, is expected to bring further employee protections and clearer responsibilities for employers. Among the most relevant reforms are proposed improvements to Statutory Sick Pay (SSP), which could remove waiting days and make it easier for employees to take time off for depression, anxiety, or other mental health reasons.

The Bill also introduces stronger duties to prevent workplace harassment and expands whistleblowing protections, ensuring that employees can safely raise concerns about stress, overwork, or mistreatment. These developments signal a growing recognition of the importance of psychological well-being and job security in the modern workplace.

In addition, 2025 saw updates to employment tribunal compensation limits and statutory caps. For example, the weekly pay cap used in compensation calculations has risen to £719, while the Vento bands used to assess compensation for injury to feelings have also been increased to reflect inflation and recent case law.

Making a Stress at Work Claim

If you’ve suffered from work-related stress due to your working conditions, you may be entitled to make a compensation claim. To succeed, you must show that your employer breached their duty of care and that this breach directly caused your stress or related illness.

Historically, employees were expected to prove that they had informed their employer of their difficulties. While disclosure remains important, the courts now recognise that employers should often anticipate risks, especially when there are obvious signs of overwork or burnout.

Employers cannot simply wait to be told that an employee is struggling before taking action.

Evidence remains vital. Medical evidence, occupational health assessments, and contemporaneous records of workload and communications all help to establish your claim. A schedule of loss detailing financial losses can also strengthen your case.

The stronger an employee’s case will be, the more clearly they can show that the employer failed to take reasonable steps to address foreseeable stress risks.

Strong headache is very problematic

Am I Eligible to Make a Stress at Work Claim?

You may be eligible to make a stress at work claim if your employer failed to take reasonable steps to prevent or reduce workplace stress. This could include excessive workloads, long working hours, bullying or harassment, lack of support, or failure to make reasonable adjustments for mental health conditions.

To succeed, you must show that your employer breached their duty of care and that this breach caused your illness or injury, supported by medical evidence and workplace records.

Average Compensation for Stress at Work Claims in 2026

Compensation for stress at work varies depending on the severity of the condition, the impact on your life, and financial losses such as lost earnings or treatment costs. Courts use Judicial College Guidelines and case law to assess payouts.

How much compensation am I eligible for?

Typical payout ranges for stress at work claims:

Additional compensation may be awarded for loss of earnings, future income, and care or treatment costs.

How to Make a Stress at Work Claim (Step-by-Step)

To make a stress at work claim, you must follow these steps:

1. Report the issue

The first step is to report the issue to your employer or HR and request support or adjustments to help alleviate your stress.

2. Seek medical evidence

The next step is gathering medical evidence to back your claim. You can obtain this evidence from your GP, therapist, or occupational health.

3. Keep records

It is essential that you keep a copy of your workload, emails, incidents, and absences, as this will all be used as evidence throughout your claim.

4. Speak to a solicitor

It is recommended that when contacting a solicitor, you speak to one specialising in stress at work claims, as they can assess your case and provide guidance.

5. Submit the claim

Once you have consulted with a solicitor, you can then submit the claim and negotiate a settlement or proceed to a tribunal or court if needed.

Supporting a Healthy Workplace

For employees, it’s crucial to keep records of workplace incidents, workloads, and any communication about stress or well-being. Seeking medical advice early and asking for reasonable adjustments can make a real difference, both in protecting your health and in supporting any future compensation for a stress claim.

For employers, the message is clear: prevention is better than cure. Regularly reviewing stress risk assessments, training managers to identify signs of stress, and maintaining up-to-date policies on wellbeing are now expected as standard.

Employers who fail to act could face legal proceedings and reputational consequences as public and regulatory scrutiny grows. It could be considered a breach of contract.

How an Employment Rights Solicitor Can Help

If you are in a position where you feel as though you may need to make a stress at work claim, seeking the advice of an experienced solicitor is essential. Not only can a solicitor provide advice on potential legal avenues, but they will also advise you on gathering evidence and help with settlement agreements.

With employment disputes, it is not uncommon for cases to be taken for mediation, and your solicitor will be able to provide guidance and support throughout the process.

The Bigger Picture

The legal and cultural landscape around workplace stress has changed dramatically in recent years. Stress-related claims are no longer viewed as exceptional; they are an established and growing area of employment law. With new legislation, higher compensation limits, and a more proactive approach from the HSE, the responsibility on employers to protect staff has never been greater.

Understand Your Rights With Brown Turner Ross

At Brown Turner Ross, we understand how complex and personal stress at work claims can be. Our employment law specialists can help you assess your situation, gather evidence, and pursue the compensation and support you are entitled to. We can guide you through the process of making a personal injury claim or advise on potential constructive dismissal or unfair dismissal cases related to work-related stress.

If workplace stress is affecting your health or career, contact us today for confidential advice and professional representation. Our experienced team can help you understand your options, from negotiating a settlement agreement to representing you in an employment tribunal if necessary.

Don’t let work-related stress impact your wellbeing – let us help you assert your rights and seek the compensation you deserve.

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FAQs

What is the average payout for stress at work in the UK?

The average payout for stress at work claims typically ranges from £5,500 to £20,000, but severe cases can exceed £60,000+. The exact amount depends on the severity of the condition, financial losses, and long-term impact on your life.

Can I sue my employer for stress and anxiety?

Yes. You can sue your employer if they failed to take reasonable steps to prevent or reduce workplace stress and this caused you harm. You must show a breach of duty of care and provide medical evidence linking your condition to work.

What evidence do I need for a stress at work claim?

Typical evidence includes medical reports, GP or therapist records, emails or workload records, witness statements, occupational health assessments, and proof of financial losses such as lost wages.

How long do stress at work claims take?

Most stress at work claims take 6 to 18 months to resolve, depending on complexity, medical evidence, and whether the case settles early or goes to court or tribunal.

Is stress at work classed as a personal injury claim?

Yes. Stress at work can be treated as a personal injury claim when it causes a recognised psychiatric injury, such as anxiety, depression, or PTSD. It can also overlap with employment law claims, such as discrimination or constructive dismissal.

Do I need to report stress to my employer before claiming?

It is strongly recommended to report stress to your employer or HR. While courts now recognise employers should anticipate risks, reporting the issue helps prove your employer knew or should have known about the problem.