complex GP stress claim
the challenge:
A complex stress at work claim, and potential breach of the
Protection against Harassment Act 1997, involving a General
Practitioner (GP) who worked part time for a Trust in a
training capacity, and the remainder of his time at a general
practice. He worked long hours. He had spent time in a
psychiatric unit for personal reasons and after a second attempt to
return to work was restricted to light duties. He claimed
that there was no change of duties nor did he have a return to work
interview and consequently the Trust was liable for his further
mental breakdown.
our approach:
We marshalled and unravelled evidence from lay witnesses,
medical experts and occupational health specialists to weigh up the
risks to the Trust in the claim. There was considerable
evidential conflict because of the combination of personal and work
issues involved. The claim was for £2.2 million, albeit the
claimant had made a Part 36 offer of £1.9 million early on in the
claim. Facing a 12 day trial, we chose mediation as the best way to
resolve the claim.
the result:
An offer of £1.1 million from the claimant was made and
rejected. With the assistance of a firm mediator the claim
was compromised at £660,000.