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