There is no single specific
law dealing with stress, however employers have responsibilities under both
statutory and common law:
-
HSE revised Management
Standards issued November 2004
-
Health and Safety Act 1974
-
Management of Health and Safety at Work Regulations 1999
-
The Working Time
Regulations 1998
-
The Disability
Discrimination Act 1995
-
Common
law requires employers to provide a safe working environment
The effect of these is to lay down that employers have a duty of care to
ensure the
health, safety and welfare at work of all employees.
This is now accepted to include the provision of protection from the
negative effects of work related stress.
You can help to protect yourself from litigation by being proactive in dealing with
the stress within your workplace. The HSE suggest that:
"A proper risk assessment for stress,
combined with appropriate training in the skills required to improve can
help you avoid prosecution and litigation."
*1
With regard to what is 'appropriate' stress training, in 2002 the Court of
Appeal said:
"An
employer who offers a confidential advice service, with referral to
appropriate counselling or treatment services, is unlikely to be found in
breach of duty."
*2
This guidance was
confirmed and updated by the House of Lords in 2004. They also emphasised
that employers' duties under these laws were ongoing, and that stress
management policies and procedures should be constantly monitored and
updated.
Essentially, to protect yourself, your staff and your business, you should:
-
Identify
every situation or condition with the potential to cause harm
-
Assess the likelihood of the harm happening
-
Implement suitable and sufficient controls to prevent it
-
Monitor and Review the entire operation in case the situation changes
Whether you are setting out on this process, or part way through, we can
offer services and training to support you and your staff.
