Submitting a Sick Note for Work Related Stress

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For the avoidance of doubt, work-related stress is synonymous with anxiety, panic attacks and depression, as held in the authority of Donelien v Liberata UK Ltd UKEAT/0297/14/JOJ, at paragraph 19:

“Although “stress” is probably better considered as a potential cause of some cases of illness, and is not and cannot sensibly be called an illness on its own, it is common experience that the word is used as a useful label to attach to symptoms which arise from such pressures in those cases, generally though not exclusively being related to diagnoses such as anxiety, depression and panic.”

Thus, even if your GP or Doctor does not state on the sick note that you submit that you are suffering from anxiety and depression, the Employment Appeal Tribunals position is that ‘work-related stress’ is synonymous with anxiety, depression, and panic attacks.

If you are considering lodging a grievance letter caused by work-related stress, then it is really important to share your feelings with your doctor, and explain to your doctor how work-related stress is impacting your physical and psychological health and wellbeing. Please see our 20 hot tips on writing a grievance letter.

Explain to your doctor that it may become necessary to exhibit your medical records to an Employment Tribunal, so it is very important that what you state to your doctor, is imputed by your GP onto your medical records.

Try and see your doctor every two weeks after submitting your sick note for work-related stress. Moreover, keep your GP updated regarding your situation at work, with express particular how work-related stress is making you feel.

Should you have to refer to the Tribunal and make a claim, your employer will undoubtedly instruct a medical expert to *view your medical records. Should this be the case, continue to see you doctor. You need to establish that work-related stress, harassment or discrimination has had or is having a “detrimental impact” upon your mental and physical health. Anything along the lines of not eating, sleeping, night sweats, heart palpitations, anxiety, migraines, a change in habits, avoiding people, not socialising etc, are all important, even if they may seem trivial to you.

*Under the Data Protection Act 2018, you only have to divulge the information on your medical records which is relative to that which you are claiming compensation for. Any other information on your medical records does not need to be exhibited. In our own case, we pulled our own medical records and went through them with a black marker, making copies of the copies to ensure that the print was not seen when held up to the light, or at an angle.

Sick Note

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Any sick note your doctor provides you with for work-related stress, make sure you photocopy it 2x and place the copies in a folder for safe keeping. Your employer will undoubtedly say it has ‘misplaced’ one or more of your sick notes in the event you make a claim to a Tribunal. The sick notes you provide to your employer constitutes ‘medical evidence’ of your mental or physical health as held in the authority of Merseyrail Electrics 2002 Ltd v Taylor UKEAT/0162/07 at paragraph 16:

“The Court of Appeal made observations on the significance of a medical certificate. It was not open, once that medical certificate had come in, for the Respondent to maintain any doubt as to the reason for absence in the absence of any contradictory medical evidence.”

Data Protection Act 2018

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Your employer is legally obligated to comply with the Data Protection Act 2018. This means that any sick note you provide to your employer for work-related stress ought to be given to the Human Resources Department, and NOT your line manager.

The HR department are legally obliged to keep your sick note in an “organised filing system”. Employers must be careful not to breach the Data Protection Act 1998 when they collect, use and store information about employees’ absences.

Details of your health (either physical or mental) are categorised as ‘sensitive personal data’ under the DPA 2018. Therefore, your line manager does not need to know what ailment you are suffering from, or the reason for your absence at work; only the fact that you will not be attending work, and for what duration.

Note: Should your employer provide your line manager with any other information than the aforementioned, it would amount to a contravention of the Data Protection Act 2018.

In our own case, we sent our ‘sick notes’ directly to the organisations centralised Human Resources Department. In turn, the HR Department sent the ‘sick note’ to the general manager where we worked, who saw fit to provide it to the line manager who had sexually harassed Amy. This was a direct contravention of the Data Protection Act 2018, and also of the Human Rights Act 1998.

A failure by your employer to comply with the DPA 2018, could amount to a “fundamental breach” of the implied term of “mutual trust and confidence” (See: Morrow v Safeway).

Notwithstanding, breaching the DPA 2018 could also breach Article 8 of the HRA 1998. You could then use the breach to report your employer to the ICO.

Tribunals do not have jurisdiction to hear breaches of the DPA 2018. However, where an employer has divulged confidential medical information, without the employee’s permission to do so, it would almost certainly amount to a breach of the “mutual trust and confidence.

Human Rights Act 1998

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European law is taken into consideration in Tribunals. Therefore, any violation of your ‘right to privacy’ under Article 8 of The HRA 1998 is actionable. The right to ‘medical confidentiality’ falls under the auspices of the HRA 1998. A breach of an employee’s confidential medical information would very likely amount to a breach of Article 8 of the HRA 1998, making the employer liable to pay the claimant compensation, especially where it was injurious to the employee’s reputation. (Eg. disclosure that an employee is HIV positive).

My wife Amy and I are employment consultants with 26 years combined experience. Over the last decade Amy and I have helped thousands of clients with internal employment disputes covering bullying, harassment, discrimination, unfair dismissal, suspension from work, unfair capability, unfair disciplinary, being put on a performance improvement plan, being made redundant, blowing the whistle, work-related stress, sickness absence, pay, disputes with occupational health, and unfair workplace investigations.

Amy & I know firsthand the stress, anxiety, and distress, which you feel caused by work-related stress, not least because both Amy and I took our own employers to the employment tribunal for sex and disability discrimination, harassment, unlawful victimisation and detrimental treatment for blowing the whistle. For the avoidance of doubt, we only help employees, NOT employers.

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