Employers are required by law to safeguard the health, safety and wellbeing of their staff. This includes both physical and mental health. Physical health concerns are usually more visible and readily detectable, whereas mental health issues are far more difficult to identify. This is partly due to the lack of obvious signs and partly due to employees’ reluctance to raise such concerns. However, the greatest challenge is determining the cause of mental health issues. Employees may be experiencing physical health problems, domestic issues at home, financial worries, or it may be work-related. Employees may continue working while experiencing difficulties, which can lead employers to believe that everything is fine. However, employers should remain attentive and look for tell-tale signs such as changes in behaviour, mood swings, loss of appetite, withdrawal or isolation, and volatility. They should encourage an environment where such matters can be raised and discussed, or make counselling services available.
The key employer duties are set out in the Health and Safety at Work Act 1974. This requires employers to safeguard, as far as is reasonably practicable, the health, safety and welfare of staff. The Management of Health and Safety at Work Regulations 1999 reinforces the 1974 Act and places a duty on employers to assess all workplace risks and put control measures in place to remove them or reduce their impact.
Can Workplace Stress Lead to HSE Prosecutions?
Failure to manage workplace stress can, in extreme cases, lead to prosecutions. Historically, the HSE focused on physical injuries, but the trend is now changing as workplace stress is a major cause of absence. Employers are more likely to face prosecution where they are aware of workplace stress but ignore it, take little or no action, or where there is evidence of excessive workloads, bullying or harassment without adequate means to deal with them.
The HSE may get involved following a direct complaint, a whistleblowing report, a notification of a reportable incident (under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), or a workplace fatality. When they become involved, the HSE will assess whether the employer takes health and safety seriously, whether adequate policies and procedures are in place, and whether there are policies specifically addressing stress at work. Unless there are serious failings, incidents or fatalities, the HSE will usually adopt an educational role and offer advice, guidance and recommendations. Thereafter, they may issue Improvement Notices (a notice requiring action) or Prohibition Notices (a notice requiring certain activities to stop, e.g., the use of a machine or process). If these fail, prosecutions may follow, leading to significant fines. Additionally, employers may face civil personal injury claims, associated costs, increased insurance premiums, reputational damage and challenges recruiting new staff — after all, no one wants to work for an employer who does not value their health, safety and welfare.
What Should Employers Do?
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Introduce a Workplace Stress Policy and guidance document.
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Implement a Workplace Stress Risk Assessment, with regular reviews.
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Inform and educate staff about workplace stress by holding regular meetings, sending timely reminders and using staff noticeboards to highlight available support.
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Introduce a mechanism to raise and discuss matters confidentially.
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Make counselling available to staff and their families.
Although stress at work cannot be eliminated altogether, these measures help reassure staff that employers recognise workplace stress, have relevant policies and procedures in place, and provide avenues for raising concerns or seeking support. Knowing that help is available encourages staff to use these services, reducing the risk of ill health and helping lower absence levels. Further information can be obtained from the HSE website: Stress and mental health at work – HSE.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 01455 852 028.
