Maintaining mental wellbeing within the workforce is a matter of major concern for many employers, as the stresses of the last two years continue to make their mark.
The number of working days lost to work-related stress, depression or anxiety in the UK has grown progressively since 2017, reaching 54% in the Health and Safety Executive’s latest Labour Force study.
Coronavirus has only intensified this trend, with the Stress Management Society identifying disconnection, isolation and lack of control during lockdown as the main factors of a peak in stress at work.
So with a mental-health crisis now emerging, what can employers do to better protect their interests and those of their workforce?
What are the common causes of work-related stress?
The Health and Safety Executive (HSE) describes work-related stress as ‘the adverse reaction that workers have to excessive pressures or other types of demand placed on them’.
Statistics show that ‘workplace politics’ (37%) is the most widespread cause of stress, followed by ‘lack of communication’ (34%), and ‘the performance of others’ (33%).
But while bad communication and a toxic working environment might well create additional stress, there are a host of other potential triggers:
- Expectation to perform tasks over and above their skillset
- When workers lack autonomy or have limited control over the way that they carry out their duties
- A sharp increase or decrease in workload
- Lack of support from management or work colleagues
- Slimmed-down workforce or inability to recruit skilled workmen
- A reduction in resources
- Financial concerns
- Bullying or harassment
What does the law say about work-related stress?
Employers have a legal responsibility to protect the health and safety of their staff, both from a physical and mental perspective. This means complying with several specific laws including the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.
These laws outline an employer’s obligation to carry out workplace risk assessments in order to identify any potential risks and to undertake any practical or reasonable measures that could control such risks.
Depending on the specific circumstances, the Equality Act 2010 may also be appropriate, especially if a person’s stress can be linked to, or is caused or intensified by, an underlying condition.
Employers have certain commitments that are set out within the Equality Act 2010. Failure to adhere to these could
well result in them being liable for discrimination.
What can employers do to tackle work-related stress?
There is no straightforward answer for dealing with the problem of stress in the workplace as each person will be unique in their ability to cope with pressure, and of course, that ability may fluctuate over time dependent upon personal circumstances. Nevertheless, it is still pertinent that managers seek to introduce a comprehensive, coherent stress-management process that will enable them to better spot any red flags.
Actions that may be helpful include:
- Consider flexible working patterns
- Schedule regular meetings with line management to establish any ongoing concerns
- Maintain an ‘open-door policy’ so employees know they can speak to someone at any time
- Make counselling services available for staff who need additional support;
- Begin holding frequent team-building or wellbeing events for staff to unwind or build social interaction
- Provide stress management or resilience training
- Place a maximum cap on working hours
- Ensure workers take breaks during their working hours
- Establish strict conduct rules to combat any bullying or harassment
What can you do if your employer fails to acknowledge your work-related stress?
One 2020 survey suggested a shocking 79% of British adults experience work-related stress in one form or another. Those who suffer the most may wish to take action against their employers if they do not feel ample corrective measures were taken to mitigate stress levels.
As stated above, if an employee’s stress or other mental health condition amounts to a disability under the Equality Act 2010, and they consider that their employer has discriminated against them based on their condition, then the employee could have a good case to claim damages from their employer.
In all cases, it is prudent to keep detailed records of any and all attempts to raise or resolve concerns with management. While many stress complaints can be rectified easily by having truthful conversations in-house, the importance of maintaining mental health at work should not be
underestimated.
The best course of action is always to try to develop an open relationship with co-workers and be honest about any health concerns. Furthermore, employers should be mindful about offering ongoing support wherever practical, as this will ensure workers can continue to do their jobs, safe in the knowledge that their wellbeing is being looked after.
- Sophie Wahba is a solicitor in the Employment Law Team at Wright Hassall, advising both individuals and businesses on a range of contentious and non-contentious employment law issues.