Frequently asked questions

What is work related stress?

Work related stress is the adverse reaction people have to excessive pressures or other types of demand placed on them at work. There is a clear distinction between pressure which can be a motivating factor, and stress, which can occur when this pressure becomes excessive.

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Why is work related stress an issue?

There is no doubt that work related stress is a serious problem for UK employers. In 2007/08:

• 237000 new cases of work related stress, depression or anxiety reported in the previous 12 months;
• Nearly half a million people (442,000) in Britain report work related stress at a level they believe is making them ill;
• Each case of stress related ill health leads to an average of 30 days off work;
• A total of thirteen and a half million working days are lost in Britain each year to work related stress.

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Is work related stress on the increase?

The number of people reporting that they are experiencing work related stress at a level that they believe is making them ill appears to have doubled since the early 1990’s – in 2007/08 it is estimated that nearly half a million people report suffering from work related stress, depression or anxiety.

This is supported by other data sources such as reports from psychiatrists and occupational physicians are also used. Self-reported data is a valid measure because ‘stress’ is dependent on people’s perceptions and self-reporting via large surveys is also the most practical way of collecting data that can indicate the scale of work related stress in the British working population.

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Why should employers be concerned about work related stress?

Employers should be concerned about stress because:

• they have a legal and morale duty to ensure that their workers and others that visit their premises are not injured or made ill because of the work they do.
• Staff absence and loss of productivity has a financial impact on their business
• Certain elements of poor work design (for example where an employee has little or no control over the work they do or where there is little support from managers or colleagues) have been shown to have a real impact on staff performance and reliability, even before an individual takes time off.
• It has an adverse impact on staff retention and recruitment, again causing additional costs to the business.
• Indemnity Insurance premiums may increase, and there may, in severe cases, be issues about litigation by those experiencing the stress

See also:

• What should employers do
• Legal position
• Enforcement

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What does HSE require employers to do?

Employers have duties under the Management of Health and Safety at Work Regulations, 1999, to assess the risk of stress-related ill health arising from work activities; and under the Health and Safety at Work etc Act 1974, to take measures to control that risk. The HSE proposes an approach based on a set of Management Standards that provide guidance which is intended to help and encourage employers to meet these existing legal obligations. There are practical things that organisations can do to manage the risks associated with work related stress.

HSE’s Management Standards for Stress website provides employers with a comprehensive risk assessment approach to identifying, exploring and tackling work related stress. (See HSE’s Guidance.).The web based guide complements HSE’s guide ‘Managing the Causes of work related stress, A step-by step approach using the Management Standards’ published 2007 (HSG 218).

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What are the Management Standards?

The Management Standards identify six key areas that, if not properly managed, are associated with poor health and well being, lower productivity and increased sickness absence.

The Management Standards looks at:

• Demand – Issues like workload, work pattern and the work environment.
• Control – What say the person has about the way they do their work.
• Support – Including the encouragement, sponsorship and resources provided by the employer, line management and colleagues.
• Relationships – Including promoting positive working to avoid conflict and dealing with unacceptable behaviour.
• Role – Whether people understand their role within the organisation and whether the organisation ensures that the person does not have conflicting roles.
• Change – How organisational change (large or small) is managed and communicated in the organisation.

HSE’s Management Standards for Stress website provides employers with a comprehensive risk assessment approach to identifying, exploring and tackling work related stress.

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How will the Management Standards help organisations to measure performance?

HSE commissioned a household survey using the indicator tool, provided as part of the Management Standards Approach, from this it was determined how well employees currently rate their employers performance in each of the 6 areas of work design. HSE has set a target which reflects the best 20% of the scores given by the employees and encourages organisations to aspire towards reaching this level.

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Why hasn’t HSE issued an Approved Code of Practice (ACoP)?

The first step to developing any new policy is to ensure that there is a firm evidence that the solution proposed is either the only solution or the best solution to meet the problem. At present HSE believes that, if presented with a simple approach, clear standards against which to measure progress, and a convincing business case, organisations will not only realise the benefit of tackling work related stress, but will be in a better position to do so. Academics agree that it is difficult to prescribe ready made solutions to stress. However the HSC will keep the need for an Approved Code of Practice under review.

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Will HSE prosecute employers who don’t use the Management Standards approach?

HSE’s approach to tackling work related stress is guidance only. HSE will undertake enforcement action where duty-holders fail to carry out the legally required suitable and sufficient risk assessment. An organisation would be unlikely to be subject to enforcement action by HSE provided it could demonstrate it had adequately assessed the risks and was taking steps to address any problems identified.

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Can I use a different approach?

Yes, but any alternative approach must include the key features for a risk assessment.

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How can I help a colleague who is already ill due to work related stress?

HSE has published a Managing sickness absence and return to work: An employers’ and managers’ guide. The guide outlines a best practice approach to help and encourage employers to work in with employees to manage sickness absence and help those off work sick to return to work.

The guide is available in hard copy format from HSE Books, priced £9.95. It has also been made available on the sickness absence website.

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What can employees do?

Familiarise yourself with HSE’s risk factors and Management Standards so you can contribute more fully to discussions

• Talk to your union safety representative, your employee rep or line manager about your employer’s approach to the Management Standards.
• Help to develop and put in place effective plans by taking part in discussions or stress risk assessments.
• Your employer will need information from you, so make sure you complete any questionnaires when you are asked to and give open and honest answers.
• Volunteer to attend discussion groups, action-planning meetings etc. They’re for your benefit, and your managers will need your help in deciding what will work and what will not.
• Remember that consultation is a two-way process. Your managers must take your opinions into consideration when deciding what actions to take, and must communicate the reasons for their decisions.
• Read all communications. Make sure you understand the reasons for decisions and provide feedback if required.
• Attend any stress management training courses arranged by your employer, which will help you understand stress and how to deal with it.

The employee leaflet is available to download for free.

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How much will it cost to implement the Management Standards?

It depends on what you already have in place and what needs to be done, however, the savings brought about by managing work related stress should outweigh any costs. A healthier workforce is more efficient and productive and suffers from less sickness absence and staff turnover.

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Will the Management Standards make it easier for employees to sue for work related stress?

No. The Management Standards approach should actually make it easier for employers to demonstrate they have acted reasonably – provided they have followed it or something similar.

See also:

• Stress and its impact
• Legal position
• Enforcement

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Which health and safety laws apply to stress?

Employers have duties under the “Management of Health and Safety at Work Regulations,” 1999, to assess the risk of stress-related ill health arising from work activities; and under the Health and Safety at Work etc Act 1974, to take measures to control that risk. The Management Standards are not legal requirements – they are guidance which is intended to help and encourage employers to meet their legal obligations.

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Is stress a reportable industrial injury (e.g. under RIDDOR)?

No, neither work related stress nor stress-related illnesses are reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

This is because the causes of stress-related ill health are usually extremely complex and linking conditions to specific types of work activity would be very difficult. The question of whether to include occupational stress as a RIDDOR reportable disease was considered during the development of the current Regulations. On the advice of HSC’s Occupational Health Advisory Committee, it was not included.

This does not mean that stress cannot be raised with the enforcing authorities nor does it mean that a complaint cannot be made which could result in an investigation. While work related stress is not reportable, employers have duties under the Management of Health and Safety at Work Regulations 1999 to assess and manage the risk of stress-related ill health arising from work activities, and under the Health and Safety at Work etc. Act 1974,

Civil Cases and Litigation

What civil cases have there been?

There have been a number of cases in the Civil Courts and still more have been settled out of Court, often without admission of liability by the employer.

Wheeldon v HSBC (2000)

Mrs Wheeldon (part time job share manager) was signed off work for three weeks due to stress after suffering a panic attack at work. Alternative posts were offered to the claimant upon her return, but she opted to remain were she was. Despite a report warning of a reoccurrence of the symptoms her manager made no changes to her duties which ultimately led to Mrs Wheeldon’s resignation. It was the court’s decision that the employer had breached its duty of care and allowed her depression to “continue and flourish”. Damages were awarded and a further payment for pain, suffering and loss of amenities.

Melville v Home Office

The claimant suffered flashbacks and nightmares after witnessing a number of suicides in his work at a prison. There was no sign of work related stress before he stopped work. Staff care and support arrangements were in place if a death occurred, with the onus on the employee to ask for this care. In this case, the claimant was unaware of how to access this help and it was not offered to him. It was decided that the scheme was an adequate one but a breach of duty arose when it was not implemented. The claimant was successful.

Hartman v South Essex Mental Health and Community Care NHS Trust (2005)

The claimant had a history of breakdown that was reported to the Occupational Health Doctor who passed her as fit for the job. In later years, her depression recurred. In the first instance, it was decided that it was reasonably foreseeable to the employer, but at appeal, it was ruled that this information was held in confidence between the claimant and the doctor, and it was not foreseeable to management. The original ruling was overturned.

See also:

• Stress and its impact
• What employers should do
• Enforcement

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What type of action are HSE’s inspectors prepared to take?

HSE has issued improvement notices in respect of stress where employers have failed to assess the risk of work related stress in the workplace or where having carried out a risk assessment they have failed take adequate steps to address those risks.

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Will HSE initiate enforcement action for those organisations who obtain a satisfaction rating below that in the Stress Management Standards?

No. HSE’s approach to tackling work related stress is not enforcement led. However, where appropriate HSE will investigate complaints relating to work related stress and enforcement action may be taken if there is clear evidence of a breach of health and safety law, and a demonstrable risk to the health and safety of employees.

An organisation that has carried out a risk assessment based on the Management Standards approach that identified major problems/issues, would be unlikely to be subject to enforcement action if it could demonstrate it was taking steps to address those problems/issues.

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Have there been any enforcement notices (improvement or prohibition) issued on stress?

Yes. Over the last few years there have been several Improvement Notices served on organisations

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Can Infoline forward a complaint about a specific duty holder to a HSE divisional office?

Infoline should be able to deal with general enquiries concerning individuals suffering from work related stress or the associated ill health. But if the complaint is about a specific duty holder, then Infoline can forward it to the appropriate divisional office.

If an individual is interested in seeking personal redress, they may wish to consider pursuing the issue via the civil route ie using industrial relations procedures, where the burden of proof is less onerous. Further advice is available from Acas or BERR.

Acas
Brandon House
180 Borough High Street
London SE1 1LW
www.acas.org.uk
Tel: 020 7210 3613

BIS
Ministerial Correspondence Unit
Department for Business, Innovation and Skills
1 Victoria Street
London SW1H OET
www.berr.gov.uk
Tel: 020 7215 5000

See also:

• Stress and its impact
• What should employers do
• Legal position

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