PJEndicott

There are no specific laws on controlling stress at work, but the general health and safety laws do apply to stress.

• Under the Health and Safety at Work Act 1974, employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees. Employees also have legal duties to take reasonable care for the health and safety of themselves and of others and to co-operate with the employer so that the organisation can meet its legal obligations.

• Under the Management of Health and Safety at Work Regulations 1999, employers have a duty to undertake risk assessments to assess the health and safety risks to which their employees are exposed at work. This includes any stress-related risks.

• Under the Disability Discrimination Act 1995, employers have a duty not to discriminate against any employees on account of a disability, as defined under the Act. This involves making reasonable adjustments to the workplace or to the way the work is done. Ill-health arising from, or exacerbated by stress at work may constitute a disability under the Act.

Employers who don’t tackle stress can leave themselves open to stress-related compensation claims from employees who have suffered ill-health from work-related stress.

Duty of Care
All organisations have a general duty of care in relation to their staff. Ill-health resulting from work-related stress has to be treated in the same way as ill-health arising from physical causes in the workplace. This means that organisations have a legal duty to take reasonable care to ensure that health is not put at risk through excessive and sustained levels of stress arising from the way work is organised, or from the day-to-day demands placed on their workers. Although Stress is not recognised as an illness per se in the UK, it is known to be a contributory factor in many common diseases and disorders.

We all have a part to play in recognising and dealing with stress and pressure in ourselves and others. The Health and Safety at Work Act places a responsibility on employers and makes employees responsible for co-operating with their employers.