Employers Duty of Care & Work Related Stress – UK Law & Rights

Work related stress is a big issue in the workplace and accounts for a large percentage of employee sick leave. Employers have a duty of care to protect employee wellbeing and this includes monitoring any stress in the workplace.

There will always be a certain degree of stress at work, this is unavoidable. However, when this stress becomes significant, it has the potential to impact the staff’s mental health.

It is important to recognise that an employer’s duty of care doesn’t simply include physical safety. It also includes the emotional welfare of staff.


About Workplace Stress

With deadlines to meet and personal problems to navigate, workplace stress is inevitable from time to time.

However, stress shouldn’t be constant and it shouldn’t be severe. When it becomes a part of day to day work, then it can make employees ill. Sometimes, staff will do their best to carry on regardless, until they hit a wall with their mental health.

Stress can cause physical illnesses such as headaches, fatigue, insomnia and digestive issues. It can also impact emotional wellbeing, making a person tearful, anxious, depressed or agitated. The workplace can become unsafe if employees are feeling stressed. Employers must make sure they are looking after their staff.


Work Related Stress Statistics

Work related stress can have a huge impact on staff wellbeing, and can also severely impact productivity. Poor mental health at work is detrimental to the business as well as the staff.

In 2021 / 22:-

  • Stress, depression, and anxiety caused 51% of all work related ill health.
  • 914,000 cases of work related stress were reported. That means 2.75% of the UK workforce were affected.
  • 17 million working days were lost to work related stress. That’s an average of 18.6 days off sick for each worker. This is much higher than the overall average number of sick days which is 4.6 days per year.
  • The most common causes of work related stress were reported as workload, deadline pressures, too much responsibility, and lack of managerial support.

Source: HSE Workrelated stress, anxiety or depression statistics in UK, 2022


What is Stress at Work?

Stress at work can be accepted as normal. However, it is essential to recognise when levels of work related stress get out of control.

Stress in the workplace can be caused by several factors but a big factor is a pressure put on employees. This can be unrealistic deadlines or a heavy workload which can add put pressure on staff mental health.

It can also be caused by a lack of support from the manager which can lead to problems. Staff who feel unsupported will often underperform. They are also more likely to feel negative towards work and get stressed.

Employers need to understand their role in the safety of their staff. They must also assess how well their duty of care procedures work to support the wellbeing and overall mental health of their employees.

See Also:I don’t want to go to work” – Coping strategies, how to identify underlying causes, and deal with feelings of dread about going to work. These feelings are often indicators of work related stress, and must be tackled.


Causes of Stress at Work

There are many scenarios in the workplace that can trigger stress.

Everyone handles environments and situations differently. However, there are causes of stress in the workplace which are most commonly cited as factors in staff absences due to stress.

1.      Excessive Workload

Having too much work to cope with is a major reason employees become stressed.

It may be that they are having to take work home to complete which impacts their family life. Or, they are staying behind in the office to play catch up.

Often, employees will be taken for granted and the work will just pile up if no one speaks up.


2.      Impossible Deadlines

Trying to commit to tight or impossible deadlines can be a huge stress trigger.

Failing to hit targets and reach deadlines can be soul destroying and leave you feeling incapable. It can also impact other staff who may be waiting for the project you are working on.

Feeling under pressure from management and within the team can be very stressful.


3.      Long Hours or Constant Overtime.

Rest is important. An endless and grinding work cycle has a significant mental health impact.

Overworking reduces overall resilience, meaning you become less able to deal with everyday issues at work. Being expected to work above and beyond your contracted hours and time again can be the reason for feeling so stressed.

A workplace culture placing the constant expectation of overtime and long hours is very unhealthy.


4.      Harassment and Bullying in the Workplace.

If the work environment is toxic then it can have a profound impact on mental health.

If staff are dealing with a colleague they constantly clash with, being made to feel uncomfortable or experiencing bullying it creates an unhealthy work environment.

This undoubtedly creates an extremely stressful situation in the work environment.


5.      No Support or Appreciation

Undervalued staff who feel unnoticed and taken for granted, can become stressed.

Constantly meeting your deadlines, never being ill and never causing drama means you are running a smooth ship. However, never being valued for your hard work and commitment can cause some stormy seas.

Being in a thankless job can be demoralising and detrimental to our mental health.


6.      Low Pay, No Pay Rise Opportunities.

You may have recently asked for a pay rise, feeling you were worthy of one but had it turned down.

This can be a hard pill to swallow, especially if you have been working your socks off. Feeling you do more than what you get paid can lead to feeling stressed and mentally burnt out.

7.      Lack of Growth or Promotion.

Being in a job with so much potential but never achieving that promotion turns work into a grind.

As well as making you feel unworthy, it will also cause stress. You might have been banking on a promotion for financial reasons. Or you simply want to progress within the company and now feel you need to look elsewhere.

Being unable to grow in your current job can be very stressful. Offering staff fair and equitable promotion opportunities is very important.


8.      Job Insecurity

Not being sure about the permanence of your job can be a very worrying time.

You may be part of a company that has been making redundancies lately or is part of a nationwide closedown.

Times like these are intense and it is hard not to become overwhelmed. Staff need financial stability and feel stuck in limbo.


Symptoms of Stress at Work

Stress can present itself in a multitude of ways. Its impact on overall health and wellbeing in the workplace can be profound.

It can take its toll on the body, both physically and mentally. It can lead to employees making bad decisions to make themselves feel better. They might turn to alcohol, drugs, or get into other bad habits.

Symptoms of stress at work can include:

  • Anxious behaviour
  • Becoming tearful
  • Visible shaking
  • Nausea
  • Diarrhoea
  • Depression
  • Headaches
  • Irritability
  • Fatigue
  • Changes to appetite
  • Heart problems
  • Increased heart rate
  • Stuttering
  • Becoming restless

UK Employment Law and Stress at Work

It is important to recognise that employers have a legal responsibility when it comes to work related stress.

There are several laws which help protect employees in terms of duty of care. These include:

  • The Health and Safety At Work Act, 1974.
  • The Management Of Health and Safety at Work Regulations, 1999.
  • The Working Time Regulations, 1998.
  • Sex Discrimination Act, 1975.
  • Race Discrimination Act, 1976.

These laws make it clear that stress in the workplace should be dealt with in the same manner as other safety concerns. Employers should ensure everyone is working in a safe environment both physically and mentally.

Measures such as risk assessment should be common practice in terms of keeping stress to a minimum. The subject should be approached proactively and employees should feel supported and not isolated.


Employers’ Duty of Care

At the forefront of an employer’s priorities should be staff welfare. By law, employers are required to make sure they uphold their duty of care to all staff.

This means dealing with any incidents or concerns that arise efficiently and fairly. After all, stressed employees will not be producing their best work, are likely to have time off sick and the atmosphere in the workplace will be strained.

All of this will be to the detriment of the work being produced. It is in the employer’s best interests to ensure every one is as stress free as possible. Staff turnover, absences and office conflict can be a real headache for management.

There are steps employers can take to ensure staff remain fit and well. These include:

  • Conduct regular risk assessments to tackle stress in the workplace.
  • Encourage employees to take part in regular surveys.
  • Identify signs of stress such as patterns of absences and repeated failure to meet deadlines.
  • Have an open door policy for all staff.
  • Put into place practical measures to deal with stress.
  • Approach staff who seem stressed and have a discussion.
  • Recognise the hard work carried out by employees by providing staff wellbeing gifts.

It is also important to point out that employees should tell their manager if they are feeling stressed. This may put employees at risk, depending on the job role.

Approaching your manager sooner rather than later means they can take any necessary action. This can include reducing your workload or offering support.


FAQ

Can you get a sick note for stress?

You can sign yourself off sick for the first 7 days without a note. After this time, if you are still stressed you can have a note signed by your GP to say so.

Is mental health a protected characteristic?

Mental health is a protected characteristic if it impacts your ability to perform in your job role. This means you should be protected from discrimination under the Disability and Equality Acts.

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