This week is stress awareness week.
Under the Management of Health and Safety at Work Regulations 1999, employers are required to make a ‘suitable and sufficient’ assessment of the risks to the health and safety of their employees. In the same way as an employer would complete a risk assessment to mitigate the risks of heavy lifting in a factory setting, employers are required to assess the impact of stress on mental and physical ill health. If an employer has more than five workers, this risk assessment needs to be written down.
Once complete, the risk assessment should be regularly reviewed. It is a dynamic document and process and needs to reflect the present risks in the workplace. Lessons need to be learned and measures taken to reduce stress at work.
Whilst short-term stress is normal and usually can be managed. Stress over a prolonged time for an employee can lead to other conditions which may impact the employee’s ability to carry out normal day to day activities. Where this occurs if the condition lasts for 12 months or is likely to last for 12 months or longer the condition may meet the definition of a disability under the Equality Act 2010.
If an employee complains of work-related stress, ACAS advises an individual risk assessment should be completed.
The Health and Safety Executive has risk assessment templates which helpfully outline what should be covered. These can be accessed here: https://www.hse.gov.uk/simple-health-safety/risk/risk-assessment-template-and-examples.htm
If you would like more information on your obligations as an employer or if you would like legal advice in relation to how an employer has treated you when you have complained or taken time off work due to stress at work, please feel free to contact us. Jones Chase has a team of specialist employment lawyers with an excellent track record of looking after those that we assist.