What to do if you are notified an employee is suffering from workplace stress
Employer’s guide to stress at work claims:
As an employer, it is important to deal efficiently and effectively with workplace stress. Careful handling of employee problems can result in increased performance and productivity, increased customer satisfaction and better staff recruitment and retention.
However, bad management of workplace stress can result in inefficiency and loss of revenue through increased sick leave.
Employer rights and duties regarding stress at work
You have various legal duties to comply with:
- you have a duty to assess the risk of stress-related ill health arising from work activities, and
- to take measures to control that risk
You may also be vicariously liable for illegal acts that your employees commit in the course of their employment:
- you may have to ensure that employees are not exposed to a course of conduct which amounts to harassment, and
- which you knew or ought to have known amounted to harassment
Employer Policies for workplace stress
It is perhaps best to pre-empt any workplace stress problems by ensuring any ill health, bullying and harassment, equal opportunities or other management policies comply with the relevant legislation, and all staff are trained to understand the relevant policies and legislation so that they can deal effectively with any incidents of workplace stress.
Notification of workplace stress claim
If an employee notifies you that they are suffering from stress and/or ill health, you may consider taking the following steps:
- Arrange a meeting with the employee to find out what the cause of their stress and/or ill health is and if there are any ways you can help them
- Check that there are adequate organisational arrangements in place, eg if the stress the employee is suffering is due to environmental factors, it may be necessary to conduct a risk assessment of the employee’s work area and implement any necessary changes
- If the employee has received treatment for the ill health they have suffered as a result of their stress, provided the employee gives their consent, it may be helpful to write to the employee’s GP, psychiatrist or other health professional involved in their recovery
- Depending on the circumstances you may need to consider if it would be appropriate to consult or involve other people (eg a Trade Union Representative, HR/personnel, Occupation Health or Workplace Counsellors)
- If you have a helpline, you may refer employees to the helpline when you are notified of their problems, but be aware that other action may be necessary, eg referring them to an Occupational Health Advisor
- If an employee has more than one complaint or problem, make sure that all issues are dealt with carefully and evenly. Even if the stress or problems suffered are not strictly work related, you should ensure that you do as much as possible to help the employee, as if you do not provide support you may be held liable for a larger amount of loss suffered by the employee if they issue a claim against you later
Our Employment Law Team can help you
If you need detailed employment law advice to provide guidance on drafting or implementing your employment policies, or an employee has notified you of a workplace stress grievance or problem or has issued a claim against you, please contact our Employment Team now on 0844 858 3800 or complete our online enquiry form and we will call you back.
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