Work-related stress: supporting employees

Elizabeth Stevens of Steeles (Law) LLP continues a series of articles on work-related stress with a look at ways in which employers can support employees who may be suffering from work-related stress. By employing stress management measures, such as providing training and offering counselling, employers can take steps to reduce workplace stress. 

Introduction

Taking appropriate measures to support employees who appear to be suffering from work-related stress makes good business sense. Employers that deal with signs of stress properly, and at an early stage, can help to prevent the problem escalating and resulting in long-term absence and claims being filed against them for disability discrimination, constructive dismissal and/or personal injury. An employer that is willing to take steps to address stress and prevent its occurrence will improve general performance and staff morale, not only in those directly affected.

Awareness of stress

It may become apparent to an employer that an employee is suffering from stress, either because of his or her behaviour or from reports from colleagues. The employee's performance may cause concern, or the employee may raise stress as a contributing factor at an early stage of a performance management procedure. Stress may also feature in an employee's return-to-work interview after a period of sickness absence, or in an appraisal meeting.

The symptoms of stress are often not immediately obvious and, at the point at which an employer is alerted to an employee's difficulties with stress, there may have been a problem for some time. The Court of Appeal in Sutherland v Hatton [2002] IRLR 263 CA said that warning signs from an employee will play a fundamental role in establishing liability for negligence, because once the employer is on notice of the adverse effects of stress it is more foreseeable that the employee is going to suffer injury.

Meeting the individual

It is very important for employers to meet affected employees as soon as stress appears to be an issue. Meetings should be held in private and be informal. It is usually best for an employee's line manager to hold the meeting, as he or she will be aware of the employee's workload. However, in some circumstances (for example where it appears that the line manager has caused, or contributed to, the stress), it might be more appropriate for a member of the HR department to meet the employee.

Initially, the employer should seek the employee's explanation for stress. The employee may have personal issues that are impacting on his or her ability to deal with normal levels of pressure at work. Aspects of the job may have changed, resulting in additional pressure, or the individual may have been promoted or given additional duties and responsibilities for which he or she has not been provided with sufficient support or training. Further investigation might be necessary to establish the causes and contributing factors, particularly where it is alleged that stress has resulted from poor management or bullying by managers or other employees. Investigations should be carried out confidentially, as far as is possible. The employer should consider whether or not other employees have raised concerns or if there appears to be a pattern of stress within the team or the organisation as a whole. The employer should also establish if the employee is working long hours, which may indicate that he or she is over-burdened with work, or is failing to cope with a manageable workload within the time allowed.

Taking action to address stress

Once an employer has established the reason for an employee's stress, it should explore what steps it can realistically take to alleviate the situation. This should be discussed with the employee and an agreed action plan should be put in place. The employer should schedule a follow-up meeting to find out whether or not the situation has improved and what more, if anything, can be done to help the employee.

Steps the employer could take include:

  • phasing in a return to work (following sickness absence);
  • permitting flexible working arrangements/reduced hours;
  • redistributing work;
  • allowing the employee to take a sabbatical;
  • providing training for the job and/or in time management;
  • offering counselling; and
  • arranging buddying/mentoring.

Employers are not expected to take steps that are unlikely to do any good, or to redistribute work if this would be to the detriment of other employees.

What will be appropriate will depend on the individual circumstances, namely the reasons for the stress, the nature of the job and the size and resources of the employer. If the job itself is potentially traumatic in nature, the employer is, arguably, under a greater duty in terms of the measures that it should put in place to alleviate the risk of stress (Hartman v South Essex Mental Health and Community Care NHS Trust [2005] IRLR 293 CA). Conversely, if the causes of stress are largely the result of pressures outside work, the duty on the employer to take action is much less. However, employers are expected to have some sympathy with employees with personal issues and allow them some flexibility and time to resolve those issues, particularly if they have long service and a good employment record.

If it becomes apparent that an employee's stress is the result of bullying or harassment by other employees, this should be thoroughly investigated and disciplinary action taken as appropriate. It might be necessary for the employer to suspend the alleged perpetrators, or temporarily assign them (or perhaps the victim) to other duties while it deals with the matter.

The employer should refer the employee for counselling through the occupational health department or an external employee assistance provider, where this is available. If the employer has no arrangements in place to provide counselling, it should suggest to the employee that he or she discuss the option of counselling with his or her GP. In some cases the employer should consider paying for private counselling, particularly where stress is having a severe impact on the employee's health and the employer has delayed taking action to deal with the causes of the stress, where it is directly job-related.

Reasonable adjustments

If the effect of stress on an employee has resulted in, or exacerbated, a stress-related condition, he or she may be "disabled" within the meaning of the Disability Discrimination Act 1995, in which case the employer will be under a duty to make reasonable adjustments to enable the employee to continue to work. Reasonable adjustments will be along the lines of the steps listed above, but the employer may be under a greater duty to take action once a disability is established. If the disability is partly attributable to the employer's actions (or omissions), a possible adjustment would be to increase the period during which occupational sick pay is paid. Employers should seek specialist medical advice if it appears that an individual is suffering from a disability, to determine what adjustments should be made.

Reviewing the situation

Once on notice that an employee may be suffering from the effects of stress, employers should closely monitor the situation, arrange follow-up meetings and take further action if it appears that the situation has not been resolved.

Where stress is having a negative impact on performance, and the employee's performance does not improve despite the employer taking reasonable steps to alleviate the pressure on him or her, it might be necessary to pursue a formal performance management procedure. This should involve warnings and timescales for improvement, alongside any further (reasonable) measures to tackle stress, before the employer can fairly consider dismissal.

Broader implications

If incidents of stress amount to more than isolated occurrences, employers should take action to address the underlying causes within the organisation. Carrying out a "stress audit" would be a good starting point, either by means of a staff questionnaire or by using the Health and Safety Executive (HSE) indicator tool (on the HSE website) and following the HSE management standards approach (also on the HSE website). Employers should consider holding training for managers in recognising symptoms of stress, understanding their role in contributing to, and resolving, stress, and dealing with employees suffering with stress.

Employers could also consider introducing a specific stress policy to set out the measures that they have put in place to deal with stress and managers' and employees' responsibilities for reducing the risks associated with stress. Alternatively, stress could be included within a wider employee wellbeing policy that recognises the need to maximise the general wellbeing of employees rather than just reducing the impact of stress.

Next week's topic of the week article will be a case study on work-related stress, and will be published on 23 February.

Elizabeth Stevens is a professional support lawyer in the employment team at Steeles (Law) LLP (estevens@steeleslaw.co.uk).

Further information on Steeles (Law) LLP can be accessed at www.steeleslaw.co.uk.