Solicitor Sophie Wahba from regional law firm Wright Hassall offers advice for business owners on their legal obligations when it comes to managing mental health at work and the ramifications of not giving stress in the workplace the importance it demands.

 

Safeguarding the mental wellness of their workers is somewhat of a growing priority for many business owners, as the impact of the last year and a half continues to take its toll on the workforce. Workdays lost to work-related stress, depression or anxiety have progressively risen since 2017, reaching a concerning 54% in the most recent Health and Safety Executive (HSE) Labour Force study.

And the Covid-19 pandemic has only intensified this pattern. A recent Stress Management Society survey reported workplace disconnect, isolation, and lack of control throughout lockdown as the main causes for the rise in stress levels.

So, with many businesses now seemingly teetering on the edge of a whole new mental-health crisis, what can employers do to better protect themselves from the impact of stress, whilst also reducing the threat of such illness within its employee base? Let’s discuss.

What are the common causes of work-related stress?

According to Perkbox 2020 Workplace Stress Survey, ‘office politics’ (37%) is the most widespread cause of work-related stress. Closely following this is ‘lack of communication’ (34%), then ‘the performance of others’ (33%).

But whilst bad communication and inter-employee clashes might indeed bring about a surge in stress, there are many possible triggers to be conscious of:

• Promotion over and above skillset/experience;
• Businesses undergoing major change or restructure;
• Short deadlines;
• When workers lack decision making power or have no control as to how they carry out their work;
• Increases in workload without an understanding of when or if further support will be provided;
• Bullying and harassment in the workplace;
• Ineffective briefing processes.

What does the law say about work-related stress?

All employers have a legal responsibility to protect the physical and mental health and safety of their workers. As such, they have to comply with the strict legislation outlined in The Health and Safety at Work Act 1974 and The Management of Health and Safety at Work Regulations 1999.

These laws stipulate a necessity for workplace risk assessments to identify any potential risks and to take any reasonably practical measures which could control or lower such risks.

Dependent upon the specific circumstances, the Equality Act 2010 may also be relevant; especially if stress levels can be linked to, caused, or exacerbated by, any underlying illness or ailment which amounts to a disability. There are clear obligations that are set out within this act. The failure to adhere to them could render the employer liable for discrimination.

What can employers do to tackle work-related stress?

There is no one-size-fits-all approach to managing stress in the workplace. Each person will be unique in their ability to manage pressure at work. And of course, that ability may fluctuate over time depending on personal circumstances. Having said that, businesses should seek to implement a robust, coherent stress-management procedure to monitor any red flags and ensure no employee feels disengaged or ‘unseen’ whilst at work.

Such actions that may be helpful include:

• Introduce flexible working hours, a work from home policy, or a hybrid working policy;
• Schedule regular one-to-ones with line managers or department heads to establish any concerns;
• Maintain an “open-door policy” so employees know they can speak to someone at any time;
• Provide employees with additional support or training of either a personal or professional nature, if required or requested;
• Disseminate regular business briefing communications to ensure everyone feels involved;
• Make counselling services available;
• Hold frequent team-building or wellbeing events for staff to build social interaction;
• Provide resilience training;
• Place a maximum cap on working hours;
• Consider psychometric testing when recruiting or promoting to fully assess the suitability of the candidate.

What can you do if your employer fails to acknowledge your work-related stress?

The aforementioned Perkbox survey indicates that 79% of British adults frequently experience some form of work-related stress. Those who are the most affected might look to take action against their employers if they do not feel that they were taken seriously or that adequate steps were taken to improve their circumstances.

Countless stress concerns can often be resolved by having honest, open conversations with colleagues in the workplace. But the significance of mental health should not be underestimated. Employees need to try and maintain mutually respectful relationships with their employers about any stress or mental health requirements. Further, and arguably, more importantly, employers should offer constant support to their employees and ensure that they are delivering upon their duty to care for the health and wellbeing of their workforce.

 

Sophie Wahba is a solicitor in the Employment Law Team at Wright Hassall. She advises both individuals and businesses on a range of contentious and non-contentious employment law issues.