Legal requirement

All employers have legal responsibility under the Health and Safety at Work Act 1974 and Management of Health and Safety at Work Regulations 1999 to ensure the health safety and welfare at work of their employees. This includes minimising the risk of stress-related illness or injury to employees.

At board level

Directors need to consider how they will:

• Monitor factors that might suggest there is a problem with stress-related illness in the business, for example, high rates of absenteeism, staff turnover, poor performance, conflict between staff
• Ensure there is a health and safety policy that addresses the issue of stress in the workplace, including, if appropriate, a stress management strategy
• Ensure effective risk assessments have been carried out, are monitored regularly and any recommendations are being implemented and adequately funded
• Plan for stress-related risks when embarking on significant organisational change.

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Human Resources and Health and Safety managers

HR and Health and Safety Managers have an important role in assisting employers to proactively address work related stress, and in doing so reduce the likelihood of employees suffering from work related stress.

Depending on the structure of the organisation, HR and Health and Safety managers may wish to consider how they will:

• Keep up to date with best practice relating to work related stress
• Conduct and review risk assessments checklist on conducting effective risk assessments [PDF, 24KB] .
• Find out about specific issues that may indicate that risk assessments need reviewing or updating – such as evidence of an employee suffering stress or larger management changes to the business
• Provide information to employees about stress-related illnesses and their obligations to inform managers about risks at work
• Feed back any wider concerns about risks to health from stress at work to board level
• Examine stress as a possible factor in relation to frequent or long-term absenteeism for individual employees
• Identify what medical and other evidence is required to determine whether the employee may have a disability within the meaning of the Disability Discrimination Act. If so, consider whether the employee is being treated less favourably for a reason related to the disability and whether there are reasonable adjustments that could be made
• Report their concerns to appropriate senior personnel while maintaining any obligations of confidentiality.

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Line managers

From a line manager's perspective, legal responsibility rests primarily with the ‘employer’ who is responsible not only for action or lack of action at board level but also for all those employed by him.

Line managers have an important role in assisting employers to proactively address work related stress, and in doing so reduce the likelihood of employees suffering from work related stress.

Examples of issues line managers may wish to consider include:

• Whether stress may be a factor in relation to frequent or long-term absenteeism for individual employees
• How they will monitor and address potential sources of stress
• Identify what medical and other evidence is required to determine whether the employee may have a disability within the meaning of the Disability Discrimination Act. If so, consider whether the employee is being treated less favourably for a reason related to the disability and whether there are reasonable adjustments that could be made
• Report their concerns to appropriate senior personnel while maintaining any obligations of confidentiality.

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Employees

Employees also have a duty to take reasonable care for their own health and safety and of others who may be affected by their actions.

Employees should:

• Inform their employer if they feel the pressure of the job is putting them or anyone else at risk of ill health
• Suggest ways in which the work might be organised to alleviate the stress
• Inform their employer if they are suffering from a medical condition that appears to be long-term and is affecting their ability to carry out day to day tasks, including memory and learning
• Discuss any reasonable adjustments that could be made to assist them in performing their job.

HSE has developed Management Standards which detail good practice in addressing work related stress.