Is workplace stress damaging you business?

Workplace stress is a growing problem for both employers and employees. It not only affects people’s health and their firm’s productivity, it is also a growing source of costly employment claims.

A recent survey by the Health and Safety Executive revealed that more than one in five British workers is now concerned about work related stress. Employees rate it as their most feared workplace hazard, well ahead off concerns over lifting heavy loads, slips and trips or exposure to dust and fumes.

It’s estimated that around 13 million working days were lost because of it in 2005.

Clearly with figures like that it is in every employer’s interest to try to reduce stress levels among staff as much as possible. However, productivity isn’t the only reason to tackle the problem. There is also the danger that overworked, stressed out employees will eventually snap and take their case to an employment tribunal.

About 40% of those questioned by the HSE thought that the risk of stress in the workplace could be realistically reduced, and yet less than a third said that their employers had taken preventative action to do so.

There have several notable compensation cases involving stress in recent years. In 2005, a pub manager took his case all the way to the Court of Appeal claiming stress from overwork had caused him psychiatric injury.

He had worked 90 hours a week and although he complained repeatedly, nothing was done. Then he became overwhelmed by his workload and collapsed suffering from an anxiety disorder. He sued his employer for failing in its duty of care to him and was awarded £21,000 compensation.

It was a timely warning to employers to take the problem seriously. It’s vital to have a clear cut policy and a set of procedures in place to both reduce the possibility of stress developing in the first place and then deal with it as quickly and effectively as possible when incidents do arise.

A number of high profile cases in the Court of Appeal and the House of Lords have led to some significant rulings and guidance.

As soon as an employer becomes aware that one of his staff is suffering from stress then he has a duty to take reasonable steps to do something to help. The sufferer doesn’t have to make numerous complaints or describe his symptoms in great detail. All complaints should be listened to sympathetically.

Those suffering from stress will often show signs of their problems through deterioration in their work, indecisiveness, failure to delegate properly and a declining relationship with colleagues.
It will then be necessary to try to identify the cause of the stress, whether it’s workload, excessive hours or difficult relationships with other employees.

Employers may also have to face up to whether staff stress may be caused by poor management, lack of support and inadequate training. If several members of staff show signs of stress then it may be that there are problems with the way the firm operates and organises its workload. This will show itself in increasing absenteeism, a constant turnover of staff and a lower level of productivity.

Employers must also react to periods of certified sickness due to stress or depression and take them seriously, even if the employee seems to perform adequately while at work. Sufferers should not be pressurised or ignored; instead steps should be taken to rectify the problem and improve the situation.

Once it’s identified that a member of staff is suffering from stress then it is mandatory that they should be monitored.

Remedies such as reducing the sufferer’s hours and workload may have to be taken. It might be necessary to provide health checks, counseling and even psychotherapy. If it isn’t tackled then sufferers could go on to develop more serious health problems.

The employer’s attitude to staff stress problems is likely to be very important in deciding whether there has been a breach of duty. An aggressive, dismissive attitude is likely to be looked on unfavourably by the courts, whereas a more sensitive and understanding approach could have a major bearing on the outcome of a hearing.

The case for putting measures in place to deal with stress is compelling.

It not only leads to a happier, more productive workforce, it also reduces the risk of costly and time-consuming compensation claims.

Sally Laughton is an employment expert at Andersons Solicitors. She can be contacted by emailing Sally or calling 0115 988 6716

New law lets you make life and death decisions in advance

The law is changing to make it easier for people to decide while they’re still healthy what should happen if they become incapable of making decisions for themselves over their money, property and even whether they should be kept alive if they suffer an debilitating illness. Vicky Newman of Andersons solicitors in Nottingham explains how the new Mental Capacity Act gives us more control over our futures. Many people dread the prospect of becoming so ill that they can’t make decisions for themselves and become a burden on their families. No one wants to leave their children with the agonising dilemma of whether or not a life support machine should be switched off, and very few relish the prospect of being kept alive artificially when all quality of life is gone. In the past, people wanting to say what should happen to them if they become too ill to decide for themselves have been able to make advance treatment directives – known as living wills – but they have not been considered legally binding. Now that is about to change. The Mental Capacity Act comes into force in April bringing with it a raft of new measures. It will enable people to make advance decisions which should be honoured as long as they are in writing, signed and witnessed. If the decision applies to the refusal of life-saving treatment then there must also be a statement that it stands even if the person’s life is at risk. The Act also extends the concept of giving someone powers of attorney to make decisions on your behalf should you lose the capacity to do so yourself. At the moment, it’s possible to grant someone what’s known as enduring power of attorney but this only entitles them to make decisions about such things as financial matters, property and business affairs. This system is being replaced by lasting power of attorney which can be extended to include welfare matters such as health care. Any such decisions have to be made in your best interest and meet a checklist of criteria set out in the Act. Although the main part of the Act comes into effect in April, lasting power of attorney won’t be available until October. If a person becomes incapacitated without having granted anyone power of attorney and they have no family to assist them then they could be provided with an independent mental capacity advocate if there is an important decision to be made about their health care or accommodation. The advocate will try to represent the person’s wishes as much as that is possible and try to reflect their known feelings, values and beliefs. The advocate can challenge a decision affecting the person’s welfare, such as doctors deciding what medical treatment should be given. There will also be a new Court of Protection. This will be used to settle any disputes, whether to do with finance or welfare, that might arise over a person who has lost mental capacity. The Act may invite people to consider some uncomfortable choices, but it does present us with an opportunity to take control of our futures in a way that has not been possible before. Vicky Newman is an expert in Wills and Probate at Andersons Solicitors she can be contacted on 0115 988 6727 or email Vicky Newman Andersons Solicitors is a five-partner, Nottingham-based law firm offering a variety of legal service to businesses and individuals. Services include:

· Business start-ups
· Commercial Contracts
· Commercial Property
· Debt Recovery
· Dispute Resolution
· Employment Law – Businesses
· Employment Law - Individuals
· Family
· Investment Property
· Personal Injury
· Retirement Planning
· Residential Property
· Succession Planning
· Wills and probate

Andersons Solicitors produce 3 monthly newsletters (Employment, Business Law & Private Client) if you would like to subscribe to any of these please email info@andersonssolicitors.co.uk Web: www.andersonssolicitors.co.uk.

Employers urged to help staff tackle obesity

Employers are being urged to join the fight against the growing obesity epidemic by encouraging healthier lifestyles in the workplace. Employment expert Malcolm Davies from Andersons Solicitors in Nottingham examines the proposals and outlines what legal rights overweight people might have if they feel they’re being discriminated against by their company.

Employers are already obliged to observe a plethora of laws to ensure their employees’ safety and protect them from discrimination in such things as age, sex, race and religion.

Now they’re being asked to go one step further and promote a healthier lifestyle. The proposals by the National Institute for Health and Clinical Excellence are not obligatory and are part of a package of measures involving a range of organisations including government, local authorities, schools and many more.

NICE proposes that industry’s contribution towards tackling obesity should be to promote healthier eating and more exercise in the workplace. For example, it recommends that travel expenses should be used to encourage staff to walk to work or move from site to site. Showers should be provided to encourage cycling to work and stairwells should be improved to encourage people to walk rather than take the lift. NICE also wants firms to provide healthier food in canteens and vending machines, and promote out of work activities such as exercise clubs.

The measures are voluntary but NICE is trying to persuade employers to come on board by pointing out the benefits of a healthier workforce in better output and fewer absences due to illness.

Putting in place some of the measures suggested by NICE would also strengthen an employer’s case should an employee ever bring a discrimination claim.

Unlike America, there is no specific law in Britain outlawing discrimination on the grounds of obesity. Nevertheless, there is some protection under the Disability Discrimination Act 2005. It removed the previous requirement that mental impairments had to be clinically well recognised before they could be classed as disabilities. It means that obesity could now be considered a disability if it can be shown that it is caused by anxiety, depression or an eating disorder.

Obese people might also be classed as disabled under the Act if their obesity causes illnesses such as diabetes or heart disease. In these circumstances, employers would have to make reasonable adjustments to meet the needs of the overweight person as required by the Disability Discrimination Act. If they fail to do so then an employee who feels they’ve been treated unfairly could bring a case of discrimination on the grounds of disability.

In spite of all the potential pitfalls, employers are entitled to dismiss employees whose obesity prevents them from doing their job properly. However, firms should tread carefully before taking any disciplinary or dismissal procedures. It is vital to first check if there is a genuine medical reason for the obesity which might classify the employee as disabled.

The employee should be offered help to lose weight and given time to do so. He should also be warned at the beginning of the process that failure to lose weight could result in dismissal.

Malcolm Davies is Senior Partner at Andersons Solicitors and specialises solely in Employment Law. He can by email: davies@andersonssolicitors.co.uk

We produce FREE monthly electronic newsletters including; Private Individual, Business and Employment Law. You can register for your copy online from our website
www.andersonssolicitors.co.uk or e-mail Carly Williams at cwilliams@andersonssolicitors.co.uk.


ANDERSONS SOLICITORS - ALWAYS THE RIGHT CHOICE
42 The Ropewalk, Nottingham, NG1 5EJ.
Tel: 0115 947 0641 Fax: 0115 950 4252Email: info@andersonssolicitors.co.uk Web: www.andersonssolicitors.co.uk