Topic of the week: Work-related stress overview

In this week's topic of the week article, Elizabeth Stevens of Steeles (Law) LLP begins a series of articles on work-related stress with an overview that looks at why employers need to be alert to the signs of work-related stress. 

Employers may be liable for negligence where employees bring work-related stress claims, and must include the potential risks from work-related stress in risk assessments. 

• Topic of the week: Work-related stress overview Employers need to take steps to address signs of stress before they begin to have a negative impact on their business. 

More from XpertHR on stress and related topics

XpertHR subscribers have access to a wealth of material on stress and related issues - ranging from policies and documents on stress risk assessments to FAQs on managing stress. We pick out just some of the information available on the subject. 

Managing stress and preventing claims

There are a number of resources on XpertHR to help subscribers manage work-related stress and prevent potential claims. For example, in the XpertHR "how to" section, there is guidance on How to prevent claims of workplace stress. 

The XpertHR policies and documents section includes a:

• Stress at work policy and procedure that can be used to set out the employer's rules on stress at work and the steps to be taken to reduce the health and safety risks associated with stress;
• Stress risk assessment record to record stress risk assessments; and
• Stress questionnaire to assist with the identification of stressors within the organisation and to obtain an indication of the current level of stress. 

In Employers' stress management activities: the IRS survey, more than 100 employers share their experience of stress management. 

Training to cope with stress and mental health is available via the Wellness Works project, set up with the help of lottery funding. Stress management training promotes emotional wellbeing includes case studies of the providers and end-users that demonstrate the positive impact this training is having on employees. 

All employers must ensure, as far as is reasonably practicable, the health, welfare and safety of their employees, which includes their mental health. Issues relating to workplace stress need to be considered within the wider context of health and safety. See the General duties section of the XpertHR employment law manual for an overview of employers' general duties in relation to health and safety, and How to comply with general health and safety duties in the "how to" section. 

There are also answers to the following FAQs on managing stress:

• How can employers reduce the incidence of employees taking time off work on account of stress?
• What are the stress management standards issued by the Health and Safety Executive?
• How do the stress management standards help to manage work-related stress?

Employers' liability

There have been a number of key cases reported in the XpertHR case reports section surrounding employers' liability for negligence claims for breach of the common law duty to take reasonable care of employees' health and safety. For example, in Sutherland v Hatton [2002] IRLR 263 CA, the Court of Appeal set out guidelines on employers' obligations in relation to workplace stress. It held that an employer that offers confidential help (for example counselling) to employees suffering from stress is unlikely to be found in breach of its duty. However, in Intel Corporation (UK) Ltd v Daw [2007] IRLR 355 CA, the Court of Appeal commented that whether or not the provision of a counselling service is enough to discharge the employer's duty will depend on the facts of each case, and in Dickins v O2 plc [2009] IRLR 58 CA, the Court of Appeal held that mere reference to the counselling service was insufficient. 

Counselling

Although the mere provision of counselling may not be enough to defend a claim of liability, it is in an employer's interest to offer a service to support employees who may be suffering from work-related stress, or stress caused by other external factors. Many employers offer counselling as part of a wider employee assistance programme. 

XpertHR's FAQ on What are employee assistance programmes and how do they work? provides a concise description of this employee benefit. For more detailed information see An introduction to employee assistance and counselling services, in which Linda Hoskinson describes the essential functions of employee assistance programmes and workplace counselling services, and considers different routes of referral to such services and how line managers can become involved. 

Employee assistance programmes are becoming increasingly popular with employers. Employee assistance programmes: the 2009 IRS survey investigates the reasons for this trend, their use by employees, the costs of running an employee assistance programme, problems, and other key issues. 

XpertHR's model Policy setting out an employee assistance programme can be used by employers to set out the service provided. 

Stress and disability discrimination

Stress itself is not a disability, but stress-related conditions such as depression could fall within the statutory definition of "disability" under the Disability Discrimination Act 1995 (DDA). A mental impairment does not need to be "clinically well-recognised" to fall within the definition of disability. Therefore, some stress-related conditions may qualify under the DDA and employers must make reasonable adjustments where a person is at a substantial disadvantage in comparison with persons who are not disabled, as a result of any arrangements made by the employer. The Disability discrimination section of the XpertHR employment law manual explains the law on disability discrimination and employers' obligations under the DDA.