Long working hours are recognised as being a cause of stress, which itself may cause or be a symptom of more serious clinical conditions, such as depression, heart conditions, high blood pressure and other problems. If not the cause of the medical condition, stress can certainly exacerbate any underlying medical problems of this nature.
“Stress” is difficult to define as it is a term which is commonly used in a vague manner to describe a variety of states, ranging from mild anxiety to serious psychiatric illness. Both the Health and Safety Executive (HSE) and the Courts define stress as: “The adverse reaction people have to excessive pressure or other types of demand placed on them. It arises when they worry that they cannot cope.” Stress itself is not an illness, but it is a well recognised cause and/or symptom of a number of serious illnesses and so should not be taken lightly by an employer.
As an employer, you are under a duty to take care of your employees’ health and safety in the workplace. If you fail to do so and that failure results in an employee suffering a reasonably foreseeable injury, you are likely to be required to pay compensation to the employee for loss that they may suffer as a result of the injury. There is no cap on the compensation that can be awarded.
In addition, you have an obligation under the Health & Safety at Work Act to take reasonably practicable measures to ensure the health, safety and welfare of your employees. A failure to do so can result in a criminal conviction and a fine and/or imprisonment. More specifically, the Working Time Regulations also impose limits on average weekly working hours and require you to give employees daily and weekly rest breaks and paid holidays.
In view of the above comments, you should consider taking the following steps to minimise risks associated with workplace stress:
- Review your employment practices and job specifications to assess whether it is really necessary for employees to work long hours.
- When appointing a person to a job that may be stressful, you should emphasise the stressful nature of the work and ask them to consider carefully whether they can cope with such demands.
- Ensure that employees have a reasonably managed workload and that management systems are in place to give employees the kind of support they require to carry out tasks satisfactorily.
- Ensure that you comply with your obligations under the Working Time Regulations. If it is likely that employees may need to work long hours, consider asking them to sign an opt out from the average weekly 48 hour limit (although note that employees cannot be penalised for refusing to opt out).
- If possible, you should make available a confidential counselling service for employees and bring it to their attention, for example, by referring to it in staff handbooks and by advertising it on notice boards, websites and newsletters.
- You should also implement and follow an adequate stress management policy in order to minimise any potential work-related stress claims. Such a policy would set out guidance to both employees and managers on how to effectively manage stress in the workplace.
- You should familiarise yourself and as far as possible comply with the HSE’s guide called “Tackling Work-Related Stress – A Manager’s Guide to Improving and Maintaining Employee Health and Wellbeing” published in 2001 (HSE reference: HSG 218). This guide advises employers to tackle work-related stress by identifying the hazards and taking action. This means that you should carry out risk assessments of the workplace in accordance with the HSE’s advice and review the assessment at appropriate intervals. The HSE has also published a set of “Management Standards” to help employers comply with their legal obligations and to prioritise and measure performance in managing work related stress.
- If an employee does complain that work related stress has caused them an illness or injury, make sure you notify your employer’s liability insurer as soon as possible about the complaint and take appropriate steps to understand the medical issues, whether the condition has been caused by work (and, if so, what has caused the problem) and what you need to do in order to address the cause (if it is possible to do so). All of this should happen before you take any steps against the employee concerned in relation to their absence.
Although stress related claims are becoming more common, employers who treat their staff fairly and who have appropriate management systems in place should not feel unduly concerned about this issue.
The important thing to do when confronted with a stress related issue is to investigate it thoroughly, to discuss matters openly and sensitively with the employee concerned and to review what steps (if any) can be taken to alleviate the problem. Above all, do NOT react aggressively or impulsively towards the employee concerned (which will only exacerbate the problem).
For further information please contact Mark at mhunt@reedsmith.com
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2 Responses
Stress Management
Good to see considered comment in this area. I have a concern, especially here in New Zealand, that if we are not careful we will convince many people they are stressed, when in fact they are in need of better managers.
I wanted to make a couple of additional points:
1. While providing access to confidential counsellors can be of much value, in my experience they oftentimes add to the problem. That problem is that many counsellors act as sounding boards for people, but they do not have the opportunity to fix the problem. “Tell me all about it” they ask. All very well someone unburdening their worries and “stresses”, but what if nothing is done? More stress? Employers need to be sure staff understand that when seeking counselling, whether provided by the organisation of not, ideally they should arrange for information to be provided to the employer unless strictly confidential. Staff need to understand that if the employer doesn’t know, it is real difficulat to fix.
2. When conducting training [or more helpful, information sessions] on stress control, I always run the sessions with a mix of people, rather than all the senior management team together etc. I know many people feel those further down the organisation will say little if the “boss” is present, but with a good facilitlator, much can be achieved. Too often in my experience, senior management teams especially, pay lip service to the matter, expect everyone to put in the hours they do [much of which is office politicking anyhow]and quietly congratulate themselves on doing something about this current debate.
Well worth a try to move them out of their comfort zones into the ‘real’ workplace so they hear what the effects of their decisions are for those who actually make it all happen.
Thanks for a very clear article
Hi Mark
Thanks for this very clear article on Stress Management in the workplace, which illustrates an employer’s responsibility to their staff. I have a couple of points to add, which may also be helpful to members :
1. Positive stress management has numerous benefits for employers. A well-balanced and motivated team, who feel respected and cared for and know what is expected of them will work more effectively than those who feel constantly put upon and kept in the dark. Therefore communication is key to effective stress management in the workplace and is an issue I come across regularly as a Stress Management Counsellor and Consultant.
2. Studies have shown that employees who feel they have a good work environment, feel they are valued and have some say and flexibility in what they do have shown marked increases in productivity. Employers also find that staff rentention and absenteesim are improved, saving costs and undue stress on the colleagues of absentees.
3. In addition to the measures which Mark has already outlined, employers would also do well to consider running sessions on effective stress management techniques. These should start with the board and work down, so that this ethic becomes part of the company culture. There are some very practical, simple and down-to-earth techniques which can help everyone to understand when stress is affecting them or their colleagues adversely, how to maintain good health at work and to know what works for them if undue stress hits them. If you would like more information on these workshops, please drop me an e-mail.
4. A further point which should be made clear is that undue stress affects different people in different ways at different points in their lives and it is important to recognise that, what is water off a duck’s back to one person may be an absolute nightmare for someone else, dpeending on what is going on for them at the time. Watch out for telltale signs such as uncharacteristic errors or changes in temperament or behaviour, unusual absences etc.
Thanks for this excellent article, Mark and I hope this addition has provided some useful additional information.
Best wishes
Annie Lawler