After muscular-skeletal disorders, work-related stress is the second most common form of occupational ill-health.
There is a general duty on employers to ensure the health and safety of employees at work, so far as is reasonably practicable under s.2 of the Health and Safety at Work, etc Act 1974.
Where work-related stress is identified in the workplace, the Management of Health and Safety at Work Regulations 1999 require employers to assess the associated risks and take any necessary preventive or protective measures. This includes ensuring that employees are not subject to excessive levels of stress at work.
Managing stress at work is difficult as workers are often reluctant to admit that they are suffering from work-related stress and managers do not always recognise the symptoms. There are also problems for management in isolating work-related stress from stress associated with family, social, health, or other factors.
Whilst stress is a health & safety issue, it is also an employment law issue. Many claims for compensation are being brought to Tribunals by ex-employees claiming constructive unfair dismissal after resigning and claiming that they had to leave their job as they were unable to deal with the stress and that management did nothing about their complaints.
Employers should ensure that they have effective employment policies and procedures in place to deal with employee’s grievances and complaints. Such procedures can be extremely effective in protecting the business against what are often spurious claims for compensation.