Work-related stress: case study

Elizabeth Stevens of Steeles (Law) LLP continues a series of articles on work-related stress with a case study that looks at how employers should deal with a situation in which an employee appears to be suffering from work-related stress. Employers should employ stress management measures such as addressing excessive workloads and offering training and counselling, to help to reduce liability for work-related stress. 

Paul is a finance manager in the accounts department of Busyco Ltd. He has worked for the company for 12 years and has an unblemished record. He is regarded as a solid performer, good at his job and meticulous with figures. He went through a difficult divorce 18 months ago and had a period off work with a depressive illness, but since then has been back at work and seems to be getting on with life. The company recently appointed a new finance director, Ruth, who has carried out a restructuring of the accounts department that resulted in two finance assistants in Paul's team being made redundant. 

Paul has been working long hours in recent weeks to prepare for the end of the financial year. He has been uncharacteristically short-tempered and uncommunicative with colleagues, who are starting to become concerned about his behaviour. A couple of times in the past week he has appeared dishevelled and unshaven. When one of his colleagues points out a serious error in one of his calculations, he shouts at her in front of the whole office (although he apologises immediately). She is upset and concerned by his outburst and reports his behaviour to Ruth, who decides to discuss the matter with the HR manager, Janet.

What advice should Janet give Ruth?

Janet should advise Ruth to arrange a time to meet Paul to discuss her concerns about his recent behaviour. The meeting should be carried out informally and in private, to try to establish the basis of the problem. If necessary, Ruth should carry out further investigations before deciding, what, if anything, needs to be done. She should make notes of her discussion with Paul and keep Janet informed of the outcome of the meeting.

Ruth meets with Paul and attempts to discuss his recent behaviour, explaining that his colleagues are starting to become concerned for his wellbeing. Paul is visibly upset during the meeting. He apologises for his recent outburst but says he would prefer to discuss the matter with Janet. Ruth is frustrated and impatient with Paul, as it is nearing the end of the financial year and there is a lot of work to do. What should Ruth do?

Ruth should refer the matter to Janet. Paul clearly has some issues and does not feel happy about discussing them with his line manager. Ruth is perhaps not the best person to deal with the situation if she finds it frustrating. Janet should hold a meeting with Paul as soon as possible and then take a view on what action to take, following the meeting.

During his meeting with Janet, Paul explains that he has been struggling with his workload since the restructuring, and is finding it impossible to get everything done in preparation for the end of the financial year. He clearly blames Ruth for the situation and the lack of resources in his team, which he says have had an impact on everyone and not just him. He regards Ruth as a bully and believes that she has put additional pressure on him. He finds it difficult to meet her strict deadlines.

What should Janet do next?

First, Janet should check whether or not Paul wants to pursue a formal grievance against Ruth. If he does, she should advise him about the procedure to follow and tell him to put his grievance in writing. Busyco should investigate the grievance properly and deal with it in accordance with its grievance procedure.

Even if Paul does not want to pursue a grievance, Janet should reassure Paul that she will look into the issue of resources and whether or not Busyco can give him some additional assistance during this particularly busy period. She should seek Paul's views on how the situation could be resolved. She will also have to discuss the issue with Ruth to see what she thinks can be done to improve the situation.

If Paul is not well enough to continue working, Janet should advise him that any period of sick leave should be taken in accordance with Busyco's sickness absence policy. Alternatively, he might consider taking a period of holiday, but this will be up to him to decide and subject to his line manager's approval. Janet should refer Paul to Busyco's occupational health department or advise him to seek counselling through the employee assistance provider, if there is one, or to seek advice from his GP.

Janet should also arrange to meet Paul again within a week or two, to follow up the meeting and explain what steps Busyco will take to address the situation.

It would also be advisable for Janet to try to find out whether or not anyone else in the team is feeling under particular pressure and if Busyco needs to take steps to deal with the situation in the longer term. It is possible that the redundancies have left the team over-stretched. The company might need to recruit, or perhaps redeploy staff from another part of the business on either a temporary or a permanent basis. It should also consider training needs. Additional training could help less experienced staff take on some of the duties of more senior staff. Some training in time management skills may also be appropriate.

If, following Janet's enquiries, it seems that other members of the team also regard Ruth as a bully, Busyco may need to investigate further and possibly take disciplinary action against Ruth, even if Paul does not want to pursue a formal grievance.

While Janet is looking into the situation, Paul goes on sick leave and is signed off by his GP for two weeks with "stress/depression". In his absence, Ruth discovers that Paul has made several serious mistakes in recent months, resulting in additional work for his team on top of their existing workload. She is furious and wants to call him in immediately for a disciplinary hearing.

Janet should advise Ruth that Busyco should not take disciplinary action against Paul while he is off sick. The matter should be investigated and a meeting held with Paul on his return to work. In the meantime, Ruth and Janet need to consider how to tackle the increased workload for the rest of the accounts department. Employees should be given clear guidance on prioritising their work, and, if possible, Busyco should offer extra support on a temporary basis to relieve them from the additional pressure. Employees should be advised to raise difficulties with their line manager, and Busyco should provide line managers with information on what steps to take in relation to employees who appear to be suffering from stress.

In the longer term, the company should consider providing training for managers in recognising the symptoms of stress, how to deal with employees who appear to be suffering from stress and how to prevent stress from becoming an issue in the first place.

What should Busyco do when Paul returns to work?

On Paul's return, Busyco should carry out a return-to-work interview with him, as in the case of all employees returning from a period of sickness absence. Given the background to his absence, it would probably be advisable for Janet to hold the return-to-work meeting, rather than Ruth. Janet should find out how he is feeling and check that he is ready to come back to work. She may need to refer him to occupational health if there is any doubt about whether or not he should be back at work (if the company has this facility). Janet should explain what Busyco has done in his absence to address the workload issues in the team.

Janet should raise the performance issue with him, make him aware that mistakes have come to light and seek his initial explanation for why the mistakes were made. The company will need to take a view on whether or not the mistakes are serious enough, and whether or not he has a legitimate explanation for them, before deciding what, if any, action to take. Busyco might need to follow a formal capability procedure. However, in the circumstances and against a background of an individual who has clearly been suffering from stress (and who has a previously unblemished record), it will probably be more appropriate to tackle the causes of the stress at this stage.

Paul discloses, in confidence, that in addition to the pressure caused by the situation at work, he has also been having difficulties agreeing access arrangements for his children, with his ex-wife. This has caused him a huge amount of strain and he is now taking medication for depression.

Clearly the company is not responsible for the problems in Paul's personal life, but if they are having an impact on his work, and particularly if his workload has recently increased, putting additional pressure on him, these problems cannot be ignored.

Janet should discuss with Paul what measures Busyco could take to minimise the pressure on him. Assuming that the workload issues affecting him and the team have already been tackled, Janet and Paul should discuss what else can be done to reduce his stress. It might be that he would benefit from working reduced hours or having flexible working arrangements, or by being relieved of some of his duties on a temporary basis. These measures will need to be discussed and agreed with his line manager, although he might not want the exact details of his personal situation revealed.

Janet should also encourage Paul to seek assistance in the form of counselling. If Busyco provides access to a counselling service she should refer him to it accordingly. If not, she should suggest that he speak to his GP. She should also ensure that regular meetings are arranged with Paul to monitor the situation and discuss what else, if anything, needs to be done.

The company should be alert to the possibility that, as Paul is being treated for a depressive condition and he has suffered from this type of condition in the past, it is possible that he would be regarded as being "disabled" within the meaning of the Disability Discrimination Act 1995. This is likely to mean that the company has a duty to make reasonable adjustments.

Further, Busyco should be aware that it would be at risk of a potential claim in negligence if Paul suffers further psychological injury as a result of its failure to take steps to address his stress. It would be regarded as having been alerted to the risks of injury, due to his episode of sickness absence and the workload issues within his team. The company will be under a duty to take the steps that are reasonable in the circumstances to prevent the injury.

Next week's topic of the week article will be FAQs on work-related stress, and will be published on 1 March.

Elizabeth Stevens is a professional support lawyer in the employment team at Steeles (Law) LLP (estevens@steeleslaw.co.uk).

Further information on Steeles (Law) LLP can be accessed at www.steeleslaw.co.uk.