Stress Awareness Month – what are employers’ responsibilities?

Apr 6, 2023

April is ‘Stress Awareness Month’. Its purpose is to try and increase public awareness about both the causes and cures of the modern stress epidemic. For employers, it can be used as an opportunity to recognise the impact of potential stress on their employees and ensure appropriate steps are in place to mitigate it.

What is workplace stress?

Stress is a common problem in the workplace and can have a significant impact on employee productivity, absence levels and overall job satisfaction. The Health and Safety Executive defines stress as “the adverse reaction people have to excessive pressures or other types of demand placed on them”. It is, however, important to note that stress isn’t the same as having poor mental health. Distinctive from stress, ACAS defines mental health as “our emotional, psychological and social wellbeing; it affects how we think, feel and act and how we cope with the normal pressures of everyday life”.

Under the Equality Act 2010 (“EqA 2010”), a person is “disabled” if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.

Whilst workplace stress alone will not normally amount to a disability, the stress may lead to anxiety, depression and/or physical health problems such as heart disease, which might then be classed as a disability.

If workplace stress manifests itself into a mental or physical health issue, and the employer has failed in their duties to the employee, the employee could potentially (subject to the EqA claim requirements) be able to claim for a number of discrimination claims.

What are employers’ responsibilities?

All employers have both a statutory duty of care to employees to ensure the health, safety and welfare of their team, including their mental wellbeing, as well as a common law duty to take reasonable care for the safety of their employees.

For any employee suffering from stress-induced illness, that amounts to disability for the purposes of EqA 2010, employers have a duty to make reasonable adjustments for that employee by ensuring that the individual is not substantially disadvantaged in carrying out their work.

To meet this duty of care, employers could take a range of measures, including:

  1. Risk assessments – Identify and assess the risks or potential sources of work-related stress through undergoing risk assessments;
  2. Policies – implement policies and procedures for managing stress and wellbeing – this would then enable employees to have a central reference point from which they can understand their employer’s position;
  3. Support services – employers should direct employees to resources they may need and make employees aware of support services, such as an Employee Assistance Programme;
  4. Monitoring and review – provide regular opportunities for feedback and consultation on workplace stress management policies, so to provide a supportive work environment for employees.

Take away points

High workplace stress levels can significantly impact a business and its employees, by affecting productivity, absence, and retention rates. As such, there is evidently a business case for the effective management of employees’ health and wellbeing and tackling stress in the workplace.

Stress Awareness Month is an important reminder for employers to both reflect on their responsibilities and take action to promote the wellbeing of their employees. By identifying and addressing the causes of work-related stress and providing a supportive work environment, you can create a happier and more productive working environment for all.

If you would like to discuss your current workplace strategy for addressing workplace stress, or are now considering implementing a ‘stress management’ policy in your staff handbook, please contact our employment team at employment@herrington-carmichael.com.

This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

Darren Smith

Darren Smith

Alice Finniear

Alice Finniear

Trainee Solicitor

Latest News & Insights

All in a Day’s Work: Employment Podcast Series

Our Employment team bring you a monthly podcast covering all aspects of Employment law for businesses and individuals. You can browse our podcasts below…

Contact us

    The information you submit will be handled in accordance with our privacy policy.

    Top Legal Insights

     

    Contract Law

    Material Breach of Contract

    What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

    Property Law

    Commercial Lease: The Financial impact on Landlord and Tenant

    Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.

    Divorce and Family Law

    Divorce in Lockdown: Can I get some discreet legal advice?

    We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...

    Land & Property Dispute

    Restrictive Covenants – The Price of Modification

    Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

    Wills, Trusts and Probate

    Why is having a will so important?

    It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

    Award winning legal advice

    Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.

    +44 (0)1276 686 222

    Email: info@herrington-carmichael.com

    Farnborough
    Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR

    Reading (Appointment only)
    The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA

    Ascot (Appointment only)
    102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY

    London (Appointment only)
    60 St Martins Lane, Covent Garden, London WC2N 4JS

    Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies  |   Client Feedback   |  Diversity Data

     

     

    Our Services

    Corporate Lawyers
    Commercial Lawyers
    Commercial Property Lawyers
    Conveyancing Solicitors
    Dispute Resolution Lawyers
    Divorce & Family Lawyers
    Employment Lawyers
    Immigration Law Services
    Private Wealth & Inheritance Lawyers
    Startups & New Business Lawyers

    Pay Online >

    Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.

    © 2023 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.