Since the start of the coronavirus pandemic, anxiety levels have undoubtedly increased for employees as workplace stress remains a key issue, despite an increase in the number of people working from home.

In response to this, Public Health England and other mental health charities have extended their support services. This enables employees to access support if they are going through a difficult period.

From a business perspective, it’s crucial that stress levels are reduced as much as possible. All employers have a duty of care towards their workforce. Failing to do so could result in a slew of workplace injury claims. Also, failing to mitigate stress in the workplace will inevitably impact overall productivity.

Impact on Mental Health

Key triggers identified for work-related stress include workload pressures, workplace interpersonal relationships and changes at work. Given the current economic disruption, job insecurity and social distancing, these factors are likely to be amplified.

Whilst many businesses are struggling with loss of trade and furloughed staff, many others are under enormous pressure to rapidly increase the volume of their services, food production, supply chain logistics, etc., whilst also coping with a large influx of new, untrained workers.

Under these circumstances, it can be tempting to ignore the stress issue and concentrate on core activities. However, the impact on the workforce can be so severe that businesses should consider some relatively simple steps.

Risk Assessment

Undertake a ‘Stress Risk Assessment’, which will achieve two things:

• it will enable businesses to focus clearly on the newly emerging drivers of stress;
• it will demonstrate the steps the business took to minimise their impact.

Given the unprecedented scale of upheaval, any existing risk assessment may not be fit for purpose. Performing a new assessment will demonstrate a responsive and flexible attitude toward protecting the workforce.

Many employers may have completed risk assessments during the first lockdown. However, conducting a new and updated risk assessment will ensure that employers can adapt to new challenges that may have arisen.

A new risk assessment should seek to address potential problems. For instance, whether the workforce has adequate space to work; whether they have any concerns arising out of lone-working; or whether there are any potential new risks as a result of working from home.

By identifying the causes of stress and trying to deal with them, a business can demonstrate at any later date that it took reasonable steps and fulfilled its duty of care.

Company Policies

Businesses may implement the following policies: Coronavirus Policy, Flexible Working Policy and a Homeworking Policy. In addition to this, businesses may wish to consider implementing a Stress at Work Policy. This can guide employees on how to handle stress at work, seek support from their employer and can also include details of support services, if necessary.

Not only will this protect the business by implementing procedural changes and providing guidance for the workforce, but it will also provide a level of comfort to the workforce who will recognise the business is responding sensibly and proactively to the crisis. It also demonstrates the business is paying attention to the needs of its employees and is committed to their health and wellbeing.

Communication

Businesses should ensure the lines of communication between the workforce, line managers, the HR team and health and safety managers are open and accessible. NHS guidance suggests that connecting with people is a key factor in addressing stress whilst working from home.

The workforce should be encouraged to discuss their stress and managers should respond with consistent messaging whilst noting any shared occurrences that might point to a serious issue. Businesses are urged to keep in contact with the workforce; making regular telephone calls, conference calls and scheduling team meetings to ensure everyone can adjust to working from home.

Dedicating a member of the HR team to different sectors of the business can help by providing employees with a direct point of contact should they want to discuss work-related stress.

If claims concerning Covid-19 related stress emerge, the businesses in the strongest position will be those that can demonstrate they took the issue seriously, whilst pointing to a recorded risk assessment and structured engagement with employees throughout.

 

Tina Chander is both a partner and head of the employment team at Midlands law firm Wright Hassall. She acts for employers of all sizes; from small businesses to large national and international businesses, advising in connection with all aspects of employment tribunal proceedings and appeals.

Wright Hassall is a top-ranked firm of solicitors based in Warwickshire. It provides legal services including corporate law; commercial law; litigation and dispute resolution; employment law and property law. The firm also advises on contentious probate; business immigration; debt recovery; employee incentives; information governance; professional negligence and private client matters.