Most of us have days at work where we feel under pressure because of deadlines. However there are many people whose work and personal lives are adversely affected by the stress in the workplace. Further to a recent blog on workplace stress audits, we take a brief look at the legal implications for employers in relation stress in the workplace.
Under health and safety law employers must assess and take measures to control risks from work-related stress. There is also a common law duty to take reasonable care to ensure the health and safety of employees. If an employee suffers from stress related ill-health and the court decides that the employer should have been able to prevent it, then they could be found to be negligent.
Employers should take steps to:
- Identify any problems causing stress;
- Prevent the harm caused to employees;
- Protect individuals; and
- Prevent future stress.
Ahead of their legal duties, employers have a duty to protect individuals from harm caused by work-related stress. Employers are required to take reasonable steps to prevent work-related stress affecting employee health once they become aware that it is affecting an employee. Employers are also required to make reasonable adjustments to an employee's work or workplace if their health needs can be defined as a disability.
Employees may suffer stress as a result of a number of factors including being harassed at work and being overworked. Employers should have appropriate policies in place to tackle bullying or harassment as well as procedures for employees to enforce these policies.
Work-related stress is not an illness but it can manifest itself in other health problems, such as depression and anxiety, back pain, headaches and heart disease. Work-related stress is widespread and current employment worries and increased workloads have contributed to this becoming a more common occurrence. The benefits for employers in tackling workplace stress include reducing the cost of absence, improved workplace morale, increased productivity, greater employee engagement and protection for potential reputational damage.
The Health and Safety Executive (HSE) have devised Management Standards to help reduce the levels of work related stress and help employers meet their legal obligations when it comes to stress. Employers and managers should read these standards so that they understand what is required from them.
