Stress at work - a stressful situation that needs to be managed

Alexandra Besnard, Solicitor at Sharon Langridge Employment Lawyers discusses the issue of work-related stress and the problems it can lead to if not managed effectively.

There is no denying that stress is a problem affecting a large proportion of employers and employees alike. In 2008/9 an estimated 415,000 employees experienced work-related stress at a level that was making them ill¹. In the current economic climate, stress is even more relevant, as job security has become a luxury for many, and employers struggle to keep their businesses afloat. Redundancies may increase the workload of the employees still in their jobs, but the anxiety of job insecurity doesn't go away. It is therefore important to avoid potential 'stress claims' and keep the workforce happy.

We have probably all complained that we're stressed, and this can even turn into a competition between colleagues as to who is under the most pressure. Yet we all know that most people need a certain level of pressure to be motivated and work efficiently. It would therefore be impossible and naive to say that all types of stress should be eradicated from the workplace. However, the 'offensive' stress, i.e. 'the adverse reaction people have to excessive pressures or other types of demand placed on them'² is the one that needs to be kept under control and tackled as soon as early signs appear. Otherwise it can seriously affect the mental health of some employees and cause anxiety and depression or even affect physical health. It has also had a significant cost to employers³ and could expose organisations to legal actions. It is therefore not a problem anyone can afford to ignore.

Tackling stress will help reduce the cost of sick pay, sickness cover and overtime, and will also improve morale and productivity. So not only can legal actions be avoided, along with damage to reputation and financial costs, but employees will be happier. Tackling this need not be too burdensome but involves:

Taking reasonable steps to identify risks in the workplace;
Identifying possible sources of stress that could cause employees ill health;
Acting on early signs of harm to employees;
Considering employees' existing health needs or disabilities and their possible impact on the work.

It is important to remember that the law does not require all stress or potential risks to be completely eradicated, as the duty is to protect employees as far as is 'reasonably practicable'. However once it becomes apparent that an employee is suffering from stress, it is important to discuss with the employee what can be done to help them manage their workload and whether any adjustments might be introduced to reduce stress. Once an action plan has been agreed and developed, it should be reviewed on a regular basis so the employee feels supported.

In some cases harassment or bullying are at the root of an employee's stress. If the employee raises a complaint, it is vital to take it seriously and investigate it, even if the issues seem trivial. Putting in place a good bullying and harassment policy which is followed in practice should go a long way to ensuring such incidents are minimised. The worst reaction in such a case would be to turn a blind eye and hope the complaint goes away, as courts have recently awarded high damages to employees⁴.

That said, employers are entitled to assume that an employee can cope with the normal pressures of a job unless they know of something specific that alerts them to the possibility that someone may be suffering from stress. In such a case, offering counselling should go a long way to assist the employee and provide protection against a potential claim.

Failure to address complaints of work-related stress may also expose employers to claims under the Equality Act 2010, for example where there is harassment or bullying relating to a person's disability, sex, race or other protected characteristic. The other legal claim that can be made is for constructive unfair dismissal, where an employee feels they have no choice but to resign. Claims should be avoidable if steps are taken to discuss the situation with the employee in question and take action to remove or alleviate the root of the stress.

What if all these measures have been taken and adjustments made, but the employee is still not able to withstand the stresses of their position? In that case, whilst remaining sympathetic to the employee's situation, employers may be left with no further option but to consider following a capability procedure. There may ultimately be no alternative to dismissal on the grounds of ill-health. This should only be done once the employee's true medical situation has been established and alternative work considered. However, provided an employer acts reasonably and follows a proper process, a resulting dismissal could be fair. If in doubt, ensure that advice is taken from the usual suspects, ie the HR department, an Occupational Health Physician and/or an employment lawyer.

It is important to remember that, even though probably half a million employees suffer from work-related stress, very few cases find their way to the Courts and even fewer are successful if a claim is pursued. So from a legal point of view, the risk of litigation may not be that high, but the human and operational costs of not tackling workplace stress may be significant if not dealt with promptly and adequately. The message is to be alert to employees' behaviour, listen to their concerns and not to assume that only 'soft' people suffer from stress and depression. Managers and owners are not immune either⁵.

Alexandra Besnard, Solicitor
Sharon Langridge Employment Lawyers
www.sharonlangridge.co.uk

¹ According to a survey compiled by the Labour Force Survey
² As defined by the Health and Safety Executive (HSE)
³ It has led to an estimated 11.4 million of lost working days in 2009 according to Labour Force Survey.
⁴ In the recent case of Dickins v O2 Plc [2008] EWCA Civ 1144 an accountant suffered ill health due to excessive working hours and a demanding workload. O2 was ordered to pay £110,000 damages for failing to take action when Susan Dickins told her manager that she was 'at the end of her tether'. In Helen Green v DB Group Services (UK) Ltd [2006] EWHC 1898 a former Deutsche Bank worker was awarded £828,000 for what the judge described as a 'relentless campaign of mean and spiteful behaviour by colleagues'. Helen Green was admitted to hospital suffering a major depressive illness as a result of a 3-year campaign of bullying at the hand of her colleagues.
⁵ For more information you may want to refer to the CIPD and ACAS free 'Work-Related Stress What The Law Says' guide, which can be found at http://www.cipd.co.uk/subjects/health/stress/_work-related-stress-what-law-says.htm and will give you more details about their 5 step guide on how to significantly reduce stress at work and protect your firm.