Hi Mags
Welcome to the Forums.
That's a very interesting 1st post.
I was going to uses stress at work but my colleague has said that isn't what it means it to do with only toilet and wash facilities
Until about 8 years ago, I would've agreed with your colleague. But you have to ask yourself where the HSE is going with Stress? There is no specific mention of 'Stress' in the HSWA, because the act is deliberately worded as a high level document, from which enabling Regulations can be derived.
So unless the government introduces a Stress Regulations we have to look at the existing framework. The HSE have introduced a Management Standard see here:
http://www.hse.gov.uk/stress/standards/index.htm
The problem with Stress is that it is a personality issue to a certain degree, in that one person's Stress can be another's motivation. A group of people can all witness the same horrific occurrence, but the levels of PTSD amongst them will vary widely; some may successfully shrug it off, while others will be a complete mental mess for varying periods.
But as you believe, HSWA 2 2(e) is a valid section for mental health, since it clearly states
the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
in the past, people have concentrated too much on the 'welfare' as being canteen and toilet facilities.
But as to the 2nd aspect of your post, you're most unlikely to find any Case Law relating to Stress or Mental Health, since it's a fairly new area of discovery for the legal profession.
For example, if you search for 'Stress' on the
'SHP In Court' page it's not the actual basis for the prosecutions which it returns with; the same applies if you search for 'Mental Health'.
So in summary, you're right, but you're not going to find what you seek.
You'll be better off looking for a lack of 'welfare facilities' as your court cases.
