BOSSES who want to avoid being taken to court by staff claiming their health has suffered due to stress caused by severe pressure of work, should consider entering into 'stress prevention partnerships' with them, a York health and safety lawyer warned today.

Employers who conduct risk assessments into occupational stress and create effective policies as a result, are unlikely to be judged to be in breach of their duty to their employees, said Jonathan Cripwell, a partner at Denison Till.

His advice on tackling workplace stress, which costs British employers billions of pounds each year through lost production and damages claims for injury, follows a landmark Court of Appeal judgement this month in which three damages awards against employers were overturned and only one was upheld. The employers in each case argued that negligence had not been established against them.

The Court of Appeal said that although the usual issues of liability apply in work-related stress cases, judgements must take into account how employers could foresee damage to the health of their staff due to workplace pressure.

Mr Cripwell, who works in the litigation department of Denison Till, which has offices in York and Leeds, added: "The Court of Appeal said that being able to foresee damage to health depends upon what the employer knew or should have known.

"Employers are entitled to assume that their staff can withstand normal job pressures unless they are aware of a particular problem or vulnerability. It was necessary to identify the steps that the employer could and should have taken before finding them in breach of their duty to their staff.

"The incidence of occupational stress is rising at a considerable rate and is of concern to both employees and employers. It was also stated that employers who offer a confidential advice service with referral to appropriate counselling or treatment services are unlikely to be found in breach of their duty to the employee.

"In view of this guidance, employers should consider entering into 'stress prevention partnerships' with employees to conduct thorough risk assessments and put effective policies in place to deal with occupational stress."

Corporate lawyers have been eagerly awaiting the latest Court of Appeal guidance on the correct approach to dealing with stress claims which can involve complicated legal principals.

Denison Till employment lawyer, Simon Shepherd, added: "The Court of Appeal decision is of considerable importance to both employers and employees particularly with regard to possible stress prevention partnerships.

"However, employers should be aware that stress may, in certain circumstances, constitute a disability under the Disability Discrimination Act. Dismissing employees on the grounds of stress-related illness may therefore prove costly though, again, a risk assessment may help justify such treatment."

Updated: 10:58 Tuesday, February 26, 2002