What the Law Says

Legislation covering stress at work is surprisingly piecemeal. There is not one piece of law that covers it. Instead, protection comes from a wide range of regulations:

Health and Safety at Work Act 1974

Section 2 of the Act places a general duty upon all employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees

The Management of Health and Safety at Work Regulations 1999

Section 3 of the Regulations places a duty on all employers to make (and record if they have more than 5 employees) a suitable and sufficient assessment of the risks to the health and safety of their employees, to which they are exposed at work. Employers must ensure that there are proper control measures in place to avoid these risks wherever possible. Where it is not possible to avoid risk, steps must be taken to reduce them so far, as is reasonably practicable.

The Working Time Regulations 1998

Long hours and shift work can be clearly linked to stress. The Working Time Regulations 1998 provide an entitlement of:

• A maximum of 8 hours of work for night shifts
• A maximum working week of not more than 48 hours, including overtime (averaged out over a period of 17 weeks), although employees may opt out of this
• A daily rest period of 11 hours
• A day off every week
• A rest break of 20 minutes if the working day is more than 6 hours
• Paid annual leave of 4 weeks

Safety representatives and Safety Committees Regulations 1977 (SRSCR 1977)

This set of regulations along with the Management of Health & Safety at Work Regulations 1999 gives safety representatives strong legal rights. All employers must consult any such safety reps to make and maintain arrangements so that employees can co-operate effectively to promote health and safety measures in the workplace and check the effectiveness of those measures.

Safety reps are entitled to:

• Investigate potential hazards and dangerous occurrences and examine the causes of accidents at the workplace
• Carry out inspections as part of an active approach to identifying and preventing potential danger and harm in the workplace
• Consultation with members (there are also rights to facilities, a private room to talk to members, internal and external mail and telephone systems)
• Consult with management in good time, well in advance of changes taking place.
• Request information about any changes planned which may affect the future health and safety of those represented.
• Information and knowledge over and above employees generally where it is necessary to allow them to play an informed part in health and safety issues in the workplace; anonymous stress surveys, consultants reports, sickness records

Sex Discrimination Act 1975 and Race Relations Act 1976

Where stress is being caused because of behaviour with an underlying sexual or racial nature the employer could be held vicariously liable for the actions of a harassing or bullying employee, even where the employer was unaware of the situation.

SUGGESTIONS ON HOW TO IMPLEMENT LEGAL REGULATIONS AT WORK

Stress should be seen as a hazard to everyday work life just like any other aspect of health and safety. When addressing the stress, the main objective should be minimise the risk of stress-related illness or injury to employees. This means being proactive – raising awareness and making provisions against stress-related illness and injury at all levels of the organisation.

The Health and Safety Executive (HSE) makes suggestions on the things that need to be considered at different levels of the organisation (see http://www.hse.gov.uk/stress/furtheradvice/legalresponsibility.htm). They are:

At board level

Directors need to consider how they will:

• Monitor factors that might suggest there is a problem with stress-related illness in the business, for example, high rates of absenteeism, staff turnover, poor performance, conflict between staff
• Ensure there is a health and safety policy that addresses the issue of stress in the workplace, including, if appropriate, a stress management strategy
• Ensure effective risk assessments have been carried out, are monitored regularly and any recommendations are being implemented and adequately funded
• Plan for stress-related risks when embarking on significant organisational change.

Human Resources and Health and Safety managers

HR and Health and Safety Managers have an important role in assisting employers to proactively address work related stress, and in doing so reduce the likelihood of employees suffering from work related stress.

Depending on the structure of the organisation, HR and Health and Safety managers may wish to consider how they will:

• Keep up to date with best practice relating to work related stress
• Conduct and review risk assessments.
• Find out about specific issues that may indicate that risk assessments need reviewing or updating – such as evidence of an employee suffering stress or larger management changes to the business
• Provide information to employees about stress-related illnesses and their obligations to inform managers about risks at work
• Feed back any wider concerns about risks to health from stress at work to board level
• Examine stress as a possible factor in relation to frequent or long-term absenteeism for individual employees
• Identify what medical and other evidence is required to determine whether the employee may have a disability within the meaning of the Disability Discrimination Act. If so, consider whether the employee is being treated less favourably for a reason related to the disability and whether there are reasonable adjustments that could be made
• Report their concerns to appropriate senior personnel while maintaining any obligations of confidentiality.

Line managers

From a line manager’s perspective, legal responsibility rests primarily with the ‘employer’ who is responsible not only for action or lack of action at board level but also for all those employed by him.

Line managers have an important role in assisting employers to proactively address work related stress, and in doing so reduce the likelihood of employees suffering from work related stress.

Examples of issues line managers may wish to consider include:

• Whether stress may be a factor in relation to frequent or long-term absenteeism for individual employees
• How they will monitor and address potential sources of stress
• Identify what medical and other evidence is required to determine whether the employee may have a disability within the meaning of the Disability Discrimination Act. If so, consider whether the employee is being treated less favourably for a reason related to the disability and whether there are reasonable adjustments that could be made
• Report their concerns to appropriate senior personnel while maintaining any obligations of confidentiality.

Employees

Employees also have a duty to take reasonable care for their own health and safety and of others who may be affected by their actions.

Employees should:

• Inform their employer if they feel the pressure of the job is putting them or anyone else at risk of ill health
• Suggest ways in which the work might be organised to alleviate the stress
• Inform their employer if they are suffering from a medical condition that appears to be long-term and is affecting their ability to carry out day to day tasks, including memory and learning
• Discuss any reasonable adjustments that could be made to assist them in performing their job.

The HSE has also developed Management Standards (http://www.hse.gov.uk/stress/standards/) which detail good practice in addressing work related stress.