What Is Stress?

legal

the legal implications

1 in 6 human resource professionals consider work-related stress litigation to be the single most important law facing employers¹.

There is a very real danger that employers who dont fully understand the impact and effects of work-related stress leave themselves open to the threat of litigation and compensation claims.

As an employer, you are legally obliged to look after the health and well-being of your employees while in the workplace.

Performing a proper risk assessment for stress within the workplace should be the initial starting point and help prevent situations developing.

There are five simple steps for conducting a stress risk assessment in the workplace in accordance with (HSE) guidelines:

Identify any potential problems or hazards
Decide who might be at risk
Evaluate the risk and take action
Record your findings
Review and monitor your assessment over time

There are also a number of pieces of legislation that employers should be aware of.

The single most important piece of legislation for employers to consider is the Health and Safety at Work Act 1974, which requires employers to provide employees with a workplace that is safe and healthy. It also covers stress and means that employers are legally obliged to ensure that their employees do not suffer from illnesses as a result of work.

The Management of Health and Safety at Work Regulations 1999 requires employers to be more proactive when identifying potential risks in the workplace. A risk assessment is the best way to assess issues relating to health and safety, including stress, and put adequate measures in place to deal with the issues.

The Health and Safety Executive Management Standards were introduced in 2004 to help employers assess and manage stress in the workplace and comply with the law.

¹ CIPD absence management survey 2006