Employers’ liability for a burnout?

There are various ways employees can suffer injuries during working hours. What happens if an employee holds you liable for a burnout?

Duty of care

As an employer, you have a duty to ensure a safe working environment. Failure to do so could result in employers’ liability. This follows from Article 7:658 of the Dutch Civil Code (Burgerlijk Wetboek). Employers must try to prevent the onset of physical and mental complaints and protect employees’ safety and health. Case law has now clarified that this includes preventing burnouts. This is because the employer determines where, under what conditions and with what tools the employee performs his work. The fact that this results in psychological rather than physical complaints makes no difference to this.

Good employment practices

Under Article 7:611 of the Dutch Civil Code, the employer may also be liable for the harm done to the employee. On this basis, the employer and the employee are required to act as a reasonable and fair employer and employee. If the employer fails to fulfil this obligation and the employee suffers harm as a result, this may result in employers’ liability. Burnouts fall under harm within the meaning of Article 7:611 of the Dutch Civil Code.

Burnout: entitled to compensation?

The fact that an employee suffers a burnout is insufficient for the existence of employers’ liability. Several requirements must be met before employer’s liability is assumed. There must be harm: namely, a burnout diagnosed by a doctor. In addition, the burnout must have been suffered by the employee while performing his work for the employer. The employee must provide proof of this. This connection is often difficult to prove; after all, a burnout can have multiple causes, which cannot be medically objectively identified. The employee must therefore present evidence of ‘systematic and significant excessive workload’. An example is structurally having to work overtime or receive assignments while the employee is ill at home.

If the employer subsequently proves that it has properly fulfilled its duty of care, it will not be liable for any harm the employee claims to suffer. This also means that an employee is required to complain to the employer about a potentially excessive workload. In this regard, an active attitude of the employee is expected. It is only when the employer is at fault that liability may be assumed. If the employer can prove that gross negligence on the part of the employee caused the burnout, it will not be liable for the employee’s burnout.

Preventing employers’ liability for a burnout

The above means that an employer must take reasonable measures to ensure that an employee is not harmed while working. Here are some practical tips to encourage a healthy work environment and prevent employee burnout:

• Ensure a good work-life balance: encourage employees to take adequate rest and make good use of their free time.
• Offer opportunities for development: give employees the chance to grow and develop in order to stay motivated.
• Promote a healthy work culture: encourage teamwork, recognise achievements and create a positive atmosphere in the workplace.
• Provide flexible working hours and working from home options: give employees the flexibility to arrange work in their own way.
• Encourage breaks and relaxation: ensure employees take regular breaks and encourage stress-reducing activities during working hours.

More information

Is an employee holding you liable as an employer for a burnout or personal injury in general and would you like assistance from a specialised lawyer? Please do not hesitate to contact us!