Date 12 January 2009
Stress in the workplace is becoming more and more commonplace, with many employees suffering from work-related stress, often leading to more serious conditions, including depression and anxiety disorders. Although research by the Mental Health Foundation found that 91 million working days a year are lost to mental ill-health, it is still the case that fewer than one in ten companies have an official mental health policy.
In the current climate, whilst many are employees are facing the threat of redundancy, many others are finding themselves under more and more pressure to perform. Employees are important assets and employers are under an obligation to look after their mental wellbeing as well as their physical safety.
The Health and Safety at Work Act 1974
Most of us associate this legislation with physical health and wellbeing, and the prevention of accidents and incidents in the workplace. However, this act also imposes many obligations on employers regarding the safeguarding of employees’ mental health. It goes so far as to impose an obligation on employers to take steps to ensure that employees do not suffer from stress related illnesses as a result of their work. Among other responsibilities, employers must:
- protect the mental health of their employees;
- assess and review work-related risks;
- effectively plan, organise and review preventative and protective measures;
- provide employees with information and training; and
- audit the adequacy of their procedures
The Health and Safety Executive (HSE)
The HSE plays a key part in supporting the mental health of employees. They have identified six main factors that cause organisational stress:
- Demands: too many or too few demands on an employee
- Control: lack of control over work, or too much control / supervision
- Support: a lack of support can cause stress
- Relationships: relationships between employees or with line managers
- Role: lack of clarity regarding job title or role
- Change: change to management, redundancies, etc.
The HSE has identified the need for employers to carry out what they call a ‘Management Standards Indicator Tool’ or ‘Stress Audit’ in order to identify and address the stress levels in their organisation. This is a very useful tool and can be found on their website at;
http://www.hse.gov.uk/stress/standards/pdfs/indicatortool.pdf
The HSE sets out management standards for employers to achieve with regard to the stress levels in their workplace. It advocates early intervention and monitoring in order to ensure a happy and healthy workplace.
If you have any concerns about these issues in your organisation, you should discuss this with your employer and suggest putting in place a stress audit and action plan.
Addressing the Issue with your Employer
Many employees suffer from stress related and other mental health conditions but find it very difficult to raise this with their employer. It is important that as an employee you are as open as possible with your employer about these issues, so that they are in a position to assist you as far as they are able.
Employees should ensure that they have regular discussions and appraisals with their line manager so that they can raise any issues that are causing them stress. Request an appraisal if necessary and if your employer refuses to meet with you, put your concerns in writing to them.
Keep and eye on your colleagues’ behaviour and ensure that they are coping with the pressures of their work. Many signs, such as drinking more tea/coffee/alcohol, poor judgement, irritability or withdrawal from social contact, are better identified by colleagues than by management. If you have any concerns, raise them with the colleague in question and with management if appropriate.
Disability Discrimination Act 1995 (DDA)
Many mental health conditions, including depression and anxiety disorders, may be considered to be disabilities under the DDA. This means that your employer is under more onerous obligations when safeguarding your wellbeing.
Reasonable Adjustments:
If you suffer from a disability, your employer is obliged to look at ‘reasonable’ adjustments that can be made to your workplace or workload, to relieve symptoms of stress levels. For example, your employer may be obliged to consider the following:
- Reduction in workload
- Allowing home working
- Transfer to a different department / location
- Offering counselling or time off to attend counselling
- Reducing working hours
- Providing a quiet place to go to
The above are only examples, and there may be many other things that can be done to help you as a disabled employee and you should raise these directly with your employer.
Detrimental Treatment:
If an employer subjects an employee to detrimental treatment for a reason related to their disability, they are breaking the law. For example, if they do not allow a disabled employee time off work that they allow to a non-disabled employee, that employee should raise a complaint in this regard. It is very important that the employee raises the issue at an early stage. If it is not resolved to their satisfaction, they may be able to pursue a claim in the Employment Tribunal, but there are strict time limits for doing so.
Tips for Promoting a Healthy Workplace
- Encourage open discussion among colleagues regarding their workload and stress levels
- Request that your employer carries out regular appraisals and puts in place a Stress Audit
- Suggest organising workshops to assist employees in managing stress and educating all employees in order to reduce the stigma regarding mental health issues
- Raise concerns promptly and make suggestions to eliminate stressful working conditions
- Raise a written complaint if your employer will not respond to serious concerns
© SA LAW 2009
Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them. You are recommended to obtain specific advice in respect of individual cases.