Workplace Stress

As the pressures of the credit crunch mount and the demands on employees increase, stress in the workplace is now in the forefront of many employers’ minds.

The courts are increasingly holding employers responsible for stress, depression and mental illness suffered by staff and awarding them significant sums in damages.

Earlier this year a widow recovered damages following the death of her husband who committed suicide following an industrial accident. Her husband, a maintenance engineer was struck on the head by a machine which he had been working on. His severe injuries meant reconstructive surgery and he subsequently suffered post traumatic stress and depression. This depression eventually led to his suicide 6 years later. His widow was awarded substantial compensation from the employer despite the length of time which had elapsed under the Fatal Accidents Act 1976.

But what about the stress and illness caused by the day to day pressures of work? Employees who find themselves off sick for long periods due to stress may claim compensation for personal injuries provided the employer knew the employee’s working environment was likely to cause illness.

People react differently to work place stress. Some thrive on pressure whilst other crumble. It is important for the employer to be aware of the job’s impact on the employee.

The Health and Safety Executive written management standards can be found on www.hse.gov.uk and advise :

• The organisation provides employees with adequate and achievable demands in relation to the hours of work.
• Peoples skills and abilities are matched to the job demands
• Jobs are designed to be within the capability of employees
• Employees concerns about their work environment are addressed

If a person is off sick due to stress the issue should be treated in exactly the same way as other illnesses. If the problem proves to be long term or recurring the employer should check to see if the illness falls within the Disability Discrimination Act. In those circumstances the employer should be considering reasonable adjustments to the working environment to accommodate the disability.

The best way to bring the employee back to work is to have an ongoing dialogue with the employee and obtain medical advice. The employer may wish to get an opinion from an independent doctor or occupational health specialist. Often employees are cautious about contacting staff who are off sick for fear that they would be seen as pestering or harassing them. This is not the case. The law requires the employer to keep in touch and ensure that the employee’s progress is monitored.

It is now popular to give an employee who has been off work for a long time a phased return to work programme by allowing them to return initially part time, gradually returning to full time work.

Prevention is better than cure. Employers need to keep in touch with issues affecting their work force. Employees should not make matters worse by working long hours to “prove their worth” or failing to take their full holiday allowance.

For further information or advice, contact Caroline Mitchell

Published 26/06/2008. The author of this article is Caroline Mitchell