According to the Health & Safety Executive stress is ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’ by their job.
As an employer, you owe your employees a duty of care. That is, a duty to provide a work environment where employees are not caused psychological harm and should they suffer work-related psychological harm, you must do everything that is reasonable to prevent continuing harm.
‘In determining whether an employer is responsible for stress in the workplace and therefore liable to pay compensation, the court will determine whether an employee’s work-related stress was ‘reasonably foreseeable’ by the employer, Marcin Durlak, employment law specialist at IMD Solicitors LLP. ‘In other words, could you have predicted the work-related psychological harm and should you have prevented it from occurring?’
Some work is distressing or traumatic in itself and this may be forgotten due to the sheer familiarity. For example, the emergency services have long recognised the stressful nature of their work. More recently, the social media giants and the police have had to employ large teams of people who need to look through harmful content on a daily basis.
To ensure that none of your employees have cause to make a claim of stress at work, there are a number of steps that you should take.
It is important to ensure that each employee’s workload is adequate, manageable and within their capability.
You should undertake a workplace risk assessment and ensure that management is trained in identifying psychological hazards arising in the workplace.
Once a hazard is identified, a plan of action needs to be put in place, in line with your employment procedures and policies, to prevent any psychological harm to your employees in accordance with the current employment law legislation.
It is important that you have an adequate policy relating to stress at work. This should explain to employees what their duties are in terms of reporting stress and what you will do as their employer to help deal with any stress that occurs in the workplace. You must ensure that this policy is made available to employees and that it is read and understood by them.
To prevent any workplace bullying, you should include policies and a code of conduct on appropriate behaviour in the workplace in your employee handbook.
It is important to look beyond stress as a risk management problem to manage. Many employers now take a holistic approach to the wellbeing of their employees, with a wide range of support and employee benefits such as flexible working or mindfulness sessions. Not only does this make somewhere a nicer place to work, it can help with recruitment and retention.
Our employment lawyers can help you to ensure that you have the right policies and procedures in place. And, if one of your employees does make a stress at work claim against your organisation, we can help you carry out an investigation into whether the psychological harm could have been foreseen or prevented and manage your defence.
For further information, please contact Marcin Durlak in the employment law team on 0330 107 0107 or email m.durlak@imd.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
If you require help or additional information, please contact one of the lawyers in our business team on 0330 107 0106 or email m.durlak@imd.co.uk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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