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About 40% of those
questioned by the HSE
thought that the risk of
stress in the workplace
could be realistically
reduced, and yet less than
a third said that their
employers had taken
preventative action to do
so.
There have several notable
compensation cases
involving stress in recent
years. In 2005, a pub
manager took his case all
the way to the Court of
Appeal claiming stress
from overwork had caused
him psychiatric injury.
He had worked 90 hours a
week and although he
complained repeatedly,
nothing was done. Then he
became overwhelmed by his
workload and collapsed
suffering from an anxiety
disorder. He sued his
employer for failing in
its duty of care to him
and was awarded £21,000
compensation.
It was a timely warning to
employers to take the
problem seriously. It’s
vital to have a clear cut
policy and a set of
procedures in place to
both reduce the
possibility of stress
developing in the first
place and then deal with
it as quickly and
effectively as possible
when incidents do arise.
A number of high profile
cases in the Court of
Appeal and the House of
Lords have led to some
significant rulings and
guidance.
As soon as an employer
becomes aware that one of
his staff is suffering
from stress then he has a
duty to take reasonable
steps to do something to
help. The sufferer doesn’t
have to make numerous
complaints or describe his
symptoms in great detail.
All complaints should be
listened to
sympathetically.
Those suffering from
stress will often show
signs of their problems
through deterioration in
their work,
indecisiveness, failure to
delegate properly and a
declining relationship
with colleagues.
It will then be necessary
to try to identify the
cause of the stress,
whether it’s workload,
excessive hours or
difficult relationships
with other employees.
Employers may also have to
face up to whether staff
stress may be caused by
poor management, lack of
support and inadequate
training. If several
members of staff show
signs of stress then it
may be that there are
problems with the way the
firm operates and
organises
its workload. This will
show itself in increasing
absenteeism, a constant
turnover of staff and a
lower level of
productivity.
Employers must also react
to periods of certified
sickness due to stress or
depression and take them
seriously, even if the
employee seems to perform
adequately while at work.
Sufferers should not be
pressurised
or ignored; instead steps
should be taken to rectify
the problem and improve
the situation.
Once it’s identified that
a member of staff is
suffering from stress then
it is mandatory that they
should be monitored.
Remedies such as reducing
the sufferer’s hours and
workload may have to be
taken. It might be
necessary to provide
health checks, counseling
and even psychotherapy. If
it isn’t tackled then
sufferers could go on to
develop more serious
health problems.
The employer’s attitude to
staff stress problems is
likely to be very
important in deciding
whether there has been a
breach of duty. An
aggressive, dismissive
attitude is likely to be
looked on
unfavourably
by the courts, whereas a
more sensitive and
understanding approach
could have a major bearing
on the outcome of a
hearing.
The case for putting
measures in place to deal
with stress is compelling.
It not only leads to a
happier, more productive
workforce, it also reduces
the risk of costly and
time-consuming
compensation claims.
Sally Laughton is an
employment expert at
Andersons Solicitors. She
can be contacted by
emailing
Sally Laughton
or calling 0115 988 6716
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Carly Williams. | 
