Employers Beware - Ignoring Problems of Stress Could Result in Legal Action
20 July 2006
Patricia Elliot, an associate with Facilitators UK, a performance improvement consultancy, warns employers to be more mindful of the effects of stress on employees and advises organisations to implement strategies to help combat the problem, or face potentially serious consequences...In today's highly pressurised and results driven society, work life in particular is becoming increasingly challenging for everyone and is impacting on professional and personal life. Stress is now a major problem in the UK.
Under the Health and Safety at Work Act (HASAWA) 1974, employers have a duty of care to look after the physical and mental well being of staff. However, according to research (1) more than 80% of employers are not aware that the Act is applicable to them. This creates a corporate culture in which many directors do not realise that by not providing some form of stress assessment and guidance for employees, they are potentially leaving their organisations open to lawsuits challenging their adherence to this duty of care. Legislation aside, organisations should want to help employees address this issue.
A report in September 2005 (2) cited that one in four people in the UK develop mental health problems each year, costing the economy £116bn in lost working days.
There are many views on stress, too many to address here. The fact is that negative stress can cause illness. It can lead to terrible forms of breakdown. This stress often originates from work.
Under the 1974 Act the responsibility for stress lies with the health and safety personnel. However, when stress is mentioned, health and safety departments pass it to their human resource (HR) department. Some organisations recognise the benefits of these departments working together.
It is a fact that early identification systems or simply providing employees with the resources to take the first step to help themselves are not difficult to implement. The use of proactive online intervention is one tool that any organisation should consider. It is all inclusive of risk assessment and solution. Studies (3) showed that by giving employees access to a secure and anonymous web-based service that measured and suggested remedies for stress, resulted in measurable improvements across the board in morale and attendance.
An organisation derives benefits where employees are given the ability to test themselves on whether they are stressed, and if so, what they should do about it. We are all unique individuals and the effect of stress differs from person to person meaning it is very difficult for employers to address the problem. Where the employees have such a self-test tool, it addresses the organisation's duty of care to look after the mental well being of employees. It also frees up time for HR staff who are often not trained counsellors, lawyers, psychologists or statisticians. Although from the number of emails received on the Health and Safety Executive (HSE) stress forum HR staff are increasingly made to act in such roles.
Stress risk assessments must be valid and reliable. This is the work of a specialist yet they are often carried out in-house by those who may not necessarily be experts. I cannot help but wonder why an organisation would expect a non-expert to undertake the work of a specialist. I pose the question 'would you allow your top of the range car to be repaired by a non-expert?'
Why outsource to independent experts? Will it not be more costly? Well even the HSE discovered it is cheaper to outsource. Indeed they almost halved their costs!
Research (4) also shows that employees are apprehensive about in-house questionnaires. They perceive them as not anonymous. While many HR departments do speak to employees in confidence, the perception among employees is that by admitting they are stressed they are actually admitting to not being able to do their job effectively. Yet another reason for outsourcing.
Addressing the problem of stress for an organisation is challenging because stress affects people in different ways and one solution will not fit all. However, for the first time the development of an online virtual stress management program gives employees access to techniques which are tailored to their needs. It also identifies patterns within the workplace, highlighting departments where higher stress levels may be residing.
However, employees should also take note when it comes to dealing with stress issues. Although the employer has a duty of care under the 1974 Act to look after the physical and mental well being of staff, this duty is much easier for everyone if employees take responsibility and accountability for their thoughts and actions. It also makes for a better workplace.
In small doses stress in its positive form is an effective way to motivate employees to perform. However, with the ever increasing pressure in the workplace, employees are being pushed harder and harder. When this manifests as illness, neither the employee nor the employer benefit and the costs can be high, with financial, civil and even criminal consequences. Employees, and in particular, employers, should take action immediately to ensure that stress is identified and managed at an early stage before major problems develop. Stress should be treated very seriously and I would urge employers to consider carefully the benefits of a virtual stress management program to help mitigate issues associated with stress.
(1) Thetes Group in partnership with Queens University Belfast 2004(2) British Occupational Health Research Foundation (BOHRF) 2005
(3) Queens University Belfast 2004 and 2005
(4) Thetes Group in partnership with Queens University Belfast 2003-05
Further Information
Please contact Patricia Elliot for further details.
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