Workplace Stress and the Law  

You can help to protect yourself from litigation by being proactive in dealing with stress within your workplace. The Health and Safety Executive have suggested that:

    " A proper risk assessment for stress, combined with appropriate training in

      the skills required to improve can help you avoid prosecution and litigation"

With regard to what is 'appropriate' stress training, in 2002 the court of appeal said:

This guidance was confirmed and updated by the House of Lords in 2004. They also emphasised that employers' duties under these laws was ongoing, and that stress management policies and procedures should be constantly monitored and updated.

    What this means:

Essentially, to protect yourself, your staff and your business, you need to have developed a Workplace Stress Policy which includes:

• Clear arrangements for the carrying out of risk assessments.

• The policy should state clearly the steps the employer intends to take to eradicate the problem of work-related stress injury.

• It should contain arrangements for supportive and confidential health monitoring. With referral to appropriate counselling or treatment services

• There should be commitment to the provision of suitable training available to the workforce (including managers) throughout their working lives.

• The effectiveness of the policy should be carefully monitored and evaluated. The mechanism for doing this should involve all parties and be contained in the policy
  

Helpful links:

Health and Safety Executive Publications

Work-related stress - good practice

Information for those experiencing stress and for their managers

The Association for Counselling at Work (ACW)

Workplace Counselling and duty of care

Guidelines for counselling in the workplace