Seven Steps Employers Can Take To Reduce The Risk Of Being Sued For Stress At Work

What steps can employers take to reduce the risk of being sued by employees claiming "stress at work"?

First, some background. Stress at work is a complex and wide-ranging subject, touching on many aspects of employment and personal injury law. The claims will arise either under the law of personal injury (in negligence) or under the Protection from Harassment Act 1997 (PHA) or, alternatively for constructive dismissal and/or discrimination. All four could be raised in the same instance, although it is not possible for an employee to sue in negligence and unfair dismissal unless the circumstances leading to the injury are independent of the facts relating to the dismissal. Although many employers may feel "under siege" from all the rights that employees have, they should note that the law is not kindly disposed towards employees in this area: stress at work claims are difficult and expensive for employees to pursue successfully.

No employer can be immune from ever finding themselves facing a claim from an employee, but following the tips below ought to reduce the risk of a claim arising or, if one does, of being successful. There are many legal aspects to allegations of "stress at work" and care needs to be taken when an employee asserts that the employer has, in some way, caused him/her to become unwell. Most allegations will state either that the employer has overloaded the employee with work or not provided enough support/resource to do the job properly or that a line manager has bullied/harassed/victimised the employee.

It is also not uncommon for employees to claim that they are suffering from "stress" when they fall into dispute with their employers or disciplinary/performance management processes are commenced against them.

How to mitigate the risk of these claims arising?

1. Adopt best practice

   The Health & Safety Executive publishes a great deal of information on the subject. In particular it has devised "Management Standards (http://www.hse.gov.uk/stress/standards/index.htm) " which "define the characteristics, or culture, of an organisation where the risks from work related stress are being effectively managed and controlled. ... The Management Standards cover six key areas of work design that, if not properly managed, are associated with poor health and well-being, lower productivity and increased sickness absence." There are six management standards covering demands; control, support, relationships, role and change. The TUC...