Some legal implications of CBT stress counselling in the workplace

Abstract

One tends to think of stress counselling in the workplace as providing a useful, therapeutic aid to enhancing the psychological well-being of the employee. However recent, successful litigation in the UK against 'stress-inducing' employers suggests that therapists need to be aware of the possible pitfalls of providing such a service. Employers and insurers facing large compensation claims are likely to try and reduce their liability by apportioning some 'blame' to the employee. Some therapeutic approaches, for example, cognitive therapy, may be efficacious but provide a perspective that can be given a different interpretation in court. For example, developing 'insight' into one's own contribution to stress may, legally, be construed as contributing to culpability or blame. Recommendations for reducing that likelihood are provided.