Expert psychiatric evaluation of Occupational Stress to determine the presence of a psychiatric injury and establish legal causation. We provide CPR Part 35–compliant reports for civil litigation and expert reports prepared in accordance with applicable Tribunal Procedure Rules for Employment Tribunals, with urgent reports available, subject to documentation and expert availability.
Management of Health and Safety at Work Regulations 1999
Employment Rights Act 1996
Common Law Duty of Care
When Needed
This assessment is required when an employee alleges psychiatric harm resulting from workplace bullying, harassment, or excessive workload.
What Is an Occupational Stress Assessment?
An assessment for occupational stress involves a clinical evaluation to determine if a claimant has suffered a recognisable psychiatric injury due to their working environment. This process differentiates between the normal pressures of work and a clinical pathology that meets the threshold for a potential legal liability.
The evaluation applies the principles established in the principles established in Hatton v Sutherland to assess whether the harm was reasonable foreseeability by the employer. It examines the nature and extent of the work, signs of impending harm, and the employer’s response to identified risks.
Recognisable injury — identification of a specific psychiatric condition diagnosed under ICD-11
Reasonable foreseeability — whether the employer should have anticipated the risk of harm
Breach of duty — failure to take reasonable steps to prevent the injury
Causal link — evidence that the work environment directly contributed to the pathology
Pre-existing vulnerability — assessment of prior mental health history and its relevance
Functional impairment — the extent to which the condition impacts daily life and work capacity
The expert’s role is to provide an objective opinion on whether the psychiatric condition was caused or materially contributed to by the workplace stressors alleged. They must consider if other life events or constitutional vulnerabilities are the primary drivers of the claimant’s current state.
Our experts provide robust evidence for employment tribunals and civil courts, ensuring all reports adhere to CPR Part 35 requirements. This includes a clear analysis of apportionment where multiple stressors are present.
Key Assessment Components
Our assessment evaluates the following areas:
Clinical Interview
A detailed examination of the claimant’s mental state and occupational history to establish a clinical timeline.
Documentation Review
Comprehensive analysis of GP records, personnel files, and occupational health reports for evidence of prior complaints.
Psychometric Testing
Use of validated tools to measure symptom severity and screen for potential malingering or symptom exaggeration.
Causation Analysis
Evaluating the material contribution of workplace factors versus external life stressors or pre-existing conditions.
Differential Diagnosis
Distinguishing between Adjustment Disorder, clinical depression, and general workplace dissatisfaction or “burnout.”
Prognosis & Treatment
Assessing the likelihood of recovery and recommending therapeutic interventions or workplace adjustments required for return to work.
Conditions That May Affect This Assessment
A range of psychiatric and psychological conditions can affect this assessment. These include:
Adjustment Disorder
Major Depressive Disorder
Generalized Anxiety Disorder (GAD)
Post-Traumatic Stress Disorder (PTSD)
Work-related Burnout (ICD-11)
Secondary Somatisation
Clinical presentations often fluctuate over time, requiring a careful longitudinal analysis of the claimant’s functioning.
Assessment Process
01
Instruction Received
We review the Letter of Instruction to identify key legal questions regarding liability and causation.
02
Expert Matched
We assign a psychiatrist or psychologist with specific expertise in employment-related psychiatric injury.
03
Assessment Conducted
A thorough clinical interview is performed, either in person or via secure video link.
04
Report Delivered
A report compliant with CPR Part 35 (where applicable) is produced, detailing diagnosis, causation, and future prognosis.
Turnaround Times
Urgency Level
Timescale
Standard Report
4-6 weeks from assessment
Priority Report
1-2 weeks
Urgent Report
1-4 days
We offer urgent turnaround for occupational stress reports to meet strict tribunal deadlines.
What’s Included in the Report
Summary of instructions
Sources of information
Relevant medical history
Detailed occupational history
Summary of workplace stressors
Clinical examination findings
DSM-5 or ICD-11 diagnosis
Analysis of causation and foreseeability
Prognosis and recommendations
Statement of Truth and expert CV
All reports are quality-assured and our experts are available to provide oral testimony at Employment Tribunals.
Frequently Asked Questions
While stress is a state of mind or a reaction to pressure, it is not in itself a medical diagnosis; a psychiatric injury is a formal clinical condition such as depression or anxiety that meets ICD-11 or DSM-5 criteria. In legal proceedings, the expert must determine if the workplace stressors have resulted in a compensable injury rather than just a period of unhappiness or pressure. This distinction is relevant to the issues of liability and quantum in civil proceedings and, where applicable, to causation and remedy in Employment Tribunal claims.
Causation is established by determining if the workplace environment was the primary or a significant contributing factor to the claimant’s psychiatric condition. The expert witness will analyze the timeline of events, previous psychiatric history, and external stressors to isolate the impact of the employment-related issues. This includes evaluating whether the injury would have occurred ‘but for’ the alleged breach of duty by the employer.
The Hatton v Sutherland criteria provide the legal framework for determining if an employer has breached their duty of care regarding mental health. The expert uses these criteria to assess whether the psychiatric injury was reasonably foreseeable by the employer, looking for specific signs of impending harm or complaints made by the employee. If the risk was not foreseeable, or if the employer took reasonable steps to mitigate it, liability may not be established.
Not necessarily, as the ‘eggshell skull’ rule applies, meaning an employer must take the employee as they find them; however, pre-existing conditions are relevant for apportionment. The expert must determine if the workplace stress caused a new injury or materially exacerbated an existing one. This analysis helps the court decide what proportion of the claimant’s current suffering is attributable to the employer’s actions.
Burnout is recognized by the WHO in ICD-11 as an occupational phenomenon characterized by exhaustion and reduced professional efficacy, but it is not classified as a medical condition in the same way as clinical depression. In a legal context, an expert must determine if the symptoms of burnout have progressed into a formal psychiatric disorder that warrants compensation. We assess the clinical threshold of these symptoms to provide clarity for the court.
Experts use a combination of clinical experience, consistency checks across medical records, and validated psychometric tests designed to identify symptom exaggeration. By comparing the claimant’s self-reported symptoms with their observed behavior and objective history, the expert can provide an opinion on the authenticity of the claim. This is a critical component of maintaining the objectivity required by CPR Part 35.
To provide an accurate report, the expert requires the Letter of Instruction, full GP and any past psychiatric records, personnel files including appraisals and sickness records, and witness statements. Access to any previous occupational health reports or internal grievance documents is also essential for establishing the timeline and foreseeability. These documents allow the expert to build a complete picture of the claimant’s mental health before and during the period of alleged stress.
Need an Occupational Stress Report?
Contact our team today for expert psychiatric reports in employment cases. We provide CVs and transparent quotes within 60 minutes.
An Occupational Stress assessment determines whether a claimant has suffered a recognisable psychiatric injury due to workplace factors. These evaluations establish legal causation for civil litigation and Employment Tribunal proceedings. The assessment process involves comprehensive clinical evaluation to determine if psychiatric harm resulted from workplace bullying, harassment, or excessive workload.
Expert Psychiatric Reports
The assessment produces CPR Part 35-compliant reports for civil litigation and expert reports prepared in accordance with applicable Tribunal Procedure Rules. These documents provide the necessary medico-legal evidence for Employment Tribunals and civil courts. The reports establish whether workplace factors caused the psychiatric injury and support legal causation arguments.
Assessment Requirements
Successful Occupational Stress assessment requires comprehensive documentation including employment records, incident reports, and medical history. The expert psychiatrist needs sufficient information to determine if workplace factors caused the psychiatric injury. Without adequate documentation, establishing causation becomes challenging for legal proceedings.
Process and Timelines
Urgent Occupational Stress reports are available within 1-4 days, subject to documentation and expert availability. The assessment follows a structured clinical evaluation process to determine psychiatric injury presence. All assessments maintain independence and objectivity required for medico-legal work, ensuring credibility in legal proceedings.
For more information about our expert services, visit our About Us page. The Equality Act 2010 and Health and Safety at Work etc. Act 1974 provide the legal framework for workplace stress claims. The Royal College of Psychiatrists offers guidance on occupational mental health assessments.
