Stress at Work
Stress at work, a
stressful situation that needs to be
managed
There is no denying that
stress is a problem affecting a large proportion of employers and
employees alike. In 2008/9 an estimated 415,000 employees
experienced work-related stress at a level that was making them
ill[1]. In the current economic
climate, stress is even more relevant, as job security has become a
luxury for many, and employers struggle to keep their businesses
afloat. Redundancies may increase the workload of the employees
still in their jobs, but the anxiety of job insecurity doesn't go
away. It is therefore important to avoid potential 'stress claims'
and keep the workforce happy.
We have probably all complained
that we're stressed, and this can even turn into a competition
between colleagues as to who is under the most pressure. Yet we all
know that most people need a certain level of pressure to be
motivated and work efficiently. It would therefore be impossible
and naive to say that all types of stress should be eradicated from
the workplace. However, the 'offensive' stress, i.e. 'the adverse
reaction people have to excessive pressures or other types of
demand placed on them'[2] is the one that needs to be kept under
control and tackled as soon as early signs appear. Otherwise it can
seriously affect the mental health of some employees and cause
anxiety and depression or even affect physical health. It has also
had a significant cost to employers[3] and could expose organisations to legal
actions. It is therefore not a problem anyone can afford to
ignore.
Tackling stress will help reduce
the cost of sick pay, sickness cover and overtime, and will also
improve morale and productivity. So not only can legal actions be
avoided, along with damage to reputation and financial costs, but
employees will be happier. Tackling this need not be too burdensome
but involves:
It is important to remember that
the law does not require all stress or potential risks to be
completely eradicated, as the duty is to protect employees as far
as is 'reasonably practicable'. However once it becomes apparent
that an employee is suffering from stress, it is important to
discuss with the employee what can be done to help them manage
their workload and whether any adjustments might be introduced to
reduce stress. Once an action plan has been agreed and developed,
it should be reviewed on a regular basis so the employee feels
supported.
In some cases harassment or
bullying are at the root of an employee's stress. If the employee
raises a complaint, it is vital to take it seriously and
investigate it, even if the issues seem trivial. Putting in place a
good bullying and harassment policy which is followed in practice
should go a long way to ensuring such incidents are minimised. The
worst reaction in such a case would be to turn a blind eye and hope
the complaint goes away, as courts have recently awarded high
damages to employees[4].
That said, employers are entitled
to assume that an employee can cope with the normal pressures of a
job unless they know of something specific that alerts them to the
possibility that someone may be suffering from stress. In such a
case, offering counselling should go a long way to assist the
employee and provide protection against a potential claim.
Failure to address complaints of
work-related stress may also expose employers to claims under the
Equality Act 2010, for example where there is harassment or
bullying relating to a person's disability, sex, race or other
protected characteristic. The other legal claim that can be made is
for constructive unfair dismissal, where an employee feels they
have no choice but to resign. Claims should be avoidable if steps
are taken to discuss the situation with the employee in question
and take action to remove or alleviate the root of the stress.
What if all these measures have
been taken and adjustments made, but the employee is still not able
to withstand the stresses of their position? In that case, whilst
remaining sympathetic to the employee's situation, employers may be
left with no further option but to consider following a capability
procedure. There may ultimately be no alternative to dismissal on
the grounds of ill-health. This should only be done once the
employee's true medical situation has been established and
alternative work considered. However, provided an employer acts
reasonably and follows a proper process, a resulting dismissal
could be fair. If in doubt, ensure that advice is taken from the
usual suspects, ie the HR department, an Occupational Health
Physician and/or an employment lawyer.
It is important to remember that,
even though probably half a million employees suffer from
work-related stress, very few cases find their way to the Courts
and even fewer are successful if a claim is pursued. So from a
legal point of view, the risk of litigation may not be that high,
but the human and operational costs of not tackling workplace
stress may be significant if not dealt with promptly and
adequately. The message is to be alert to employees' behaviour,
listen to their concerns and not to assume that only 'soft' people
suffer from stress and depression. Managers and owners are not
immune either. [5]
[1]
According to a survey compiled by the Labour Force Survey
[2]
As defined by the Health and Safety Executive (HSE)
[3]
It has led to an estimated 11.4 million of lost working days in
2009 according to Labour Force Survey.
[4]
In the recent case of Dickins v O2 Plc [2008] EWCA Civ
1144 an accountant suffered ill health due to excessive
working hours and a demanding workload. O2 was ordered to pay
£110,000 damages for failing to take action when Susan Dickins told
her manager that she was 'at the end of her tether'. In Helen
Green v DB Group Services (UK) Ltd [2006] EWHC 1898 a former
Deutsche Bank worker was awarded £828,000 for what the judge
described as a 'relentless campaign of mean and spiteful behaviour
by colleagues'. Helen Green was admitted to hospital suffering a
major depressive illness as a result of a 3-year campaign of
bullying at the hand of her colleagues.
[5]
For more information you may want to refer to the CIPD and ACAS
free 'Work-Related Stress What The law Says' guide, which can be
found at http://www.cipd.co.uk/subjects/health/stress/_work-related-stress-what-law-says.htm
and will give you more details about their 5 step guide on how to
significantly reduce stress at work and protect
your firm.