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Legal Issues
What’s the legal position on stress at work? You'd think there would be dedicated legislation to cover the issue.
However, laws on stress at work are a mix and match affair.
Health & Safety at Work Act 1974
This is the main piece of legislation in that area.This requires employers to provide a workplace that is safe and healthy and ensure employees do not suffer from illnesses caused by work-related stress.
Management of Health & Safety at Work Regulations 1999
This requires employers to be active about identifying risks. Thus a risk assessment is required to assess issues relating to health & safety - including stress - and make sure there are adequate controls in place to deal with the issue. If there is a 'reasonable likelihood' that stress could cause ill health, employers also have to provide health surveillance for affected staff.
The Working Time Regulations 1998
In theory there are regulations guarding the amount of time we work during the week. The working time regulations limit the working week to 48 hours. However many companies may ask employees to waive their right to be governed by this piece of legislation, and staff may feel obliged to do so.
Health & Safety (Display Screen Equipment) Regulations 1992
Poor posture and incorrectly adjusted chairs and computer screens can add to stress levels at work. Therefore there are regulations as to how employees use such equipment. The Health & Safety (Display Screen Equipment) Regulations 1992 law states that employers should risk assess the use of display screen equipment in their companies.
The Health and Safety (Offences) Act 2008
The new Health & Safety (Offences) Act 2008 will not alter employers duties or responsibilities for managing the causes of work-related stress. All it does is give the courts a wider range of sentencing options and greater flexibility to try cases at the appropriate level.
Previously most breaches of health and safety regulations were subject to a fine not exceeding £5,000 in the Magistrates Courts, however the new laws significantly increase the maximum fine to £20,000. Plus certain offences, that were previously only triable in the Magistrates Courts, are now triable in Crown Courts too, and can result in a real possibility of two year jail sentences being imposed which can be accompanied by an unlimited fine.
The Health & Safety Executive has also produced HSE Stress Management Standards to help you be clear on the legal position in your company.