|
|
|
|
|
|
|
|
|
The case for tackling stress at work
Posted on Friday 16th September 2011 at 9:26 am by Jon
'There is a difference between the buzz people get from doing a busy and challenging job and an unreasonable pressure which can harm health' -
Bill Callaghan, Health and Safety Commission.
STRESS IS:
THE LEGAL REASONS TO TACKLE STRESS AT WORK Health and Safety at Work Act 1974 places a duty on organisations to look after the health safety and wellbeing of their employees. This is both physical and mental health. Management of Health and Safety at Work Regulations 1999 states an organisation must: Disability Discrimination Act 1995 in some cases covers staff who have long term mental health illnesses relating to stress. If staff members fall within the scope of this act an organisation must make reasonable adjustments to their work. Stress and the Law - Key Case Studies: Health & Safety at Work Walker v Northumberland County Council Lancaster v Birmingham City Council Hatton v Somerset County Council Barber v Somerset County Council Lord Williams (providing the leading judgment on the Barber Case) said: “At the very least the senior management team should have taken the initiative in making sympathetic enquiries about Mr Barber when he returned to work (after three weeks absence due to stress) and making some reduction in his workload to ease his return. Even a small reduction in his duties coupled with the feeling that the senior management team was on his side, might itself have made a real difference. In any event Mr Barber’s condition should have been monitored, and if it did not improve, some drastic action would have had to be taken. Supply teachers cost money, but not as much as the cost of the permanent loss through psychiatric illness of a valued member of the school staff.” The following is an extract prepared by Barber’s barrister (Andrew Buchan) containing his interpretation of the current principles now seeming to apply to workplace stress: 1. “An “autocratic and bullying style of leadership” which is “unsympathetic” to complaints of occupational stress is factors that courts can take into account in deciding whether there has been a breach of duty. 2. Once an employer knows that an employee is at risk of suffering injury from occupational stress, they are under a duty to do something about it. This duty continues until something reasonable is done to help the employee. 3. Employees who complain do not need to be forceful in their complaints and need not describe their troubles and symptoms in detail. After all, they may be suffering depression, for example, making it more difficult to complain. Their complaints should be listened to sympathetically. 4. Certified sickness absence due to stress or depression needs to be taken seriously by employers. It requires an enquiry from the employer about the employee’s problems and what can be done to ease them. They should not be brushed off unsympathetically; nor should they be handled by sympathising but simply telling him or her to prioritise their work without taking steps to improve or consider the situation further. 5. A management culture that is sympathetic to employees suffering from occupational stress and “on their side” in tackling it, may make a real difference to the outcome. Monitoring employees who are known to be suffering from occupational stress is mandatory. If they don’t improve more drastic steps may need to be taken to help them. Temporary recruitment may be required. Although this will cost money, it will be less costly than the permanent loss through psychiatric illness of a valued member of staff.” Guidance from the Health & Safety Executive The Health & Safety Executive issued the Management Standards for stress at work in November 2004. The aim of the Standards are to work with employees and their representatives to continuously improve performance in tackling work-related stress. They have identified 6 key areas of risk for stress: The HSE guidance is based on: ‘The HSE Management Standards will help employers identify and manage stress at work by providing a framework to pinpoint particular causes of stress as well as achievable solutions.’ (Chartered Institute of Personnel and Development 2004) THE ECONOMIC REASONS TO TACKLE STRESS AT WORK THE ETHICAL REASONS TO TACKLE STRESS AT WORK - HSE 2005 |
Tweet |
© 2024 Jon Kestell, Spiral Wellbeing, trading address 115 Marldon Road, Paignton TQ3 3NN. Providing staff training, wellbeing training, stress management and stress prevention courses throughout the UK, United Kingdom, England, Scotland and Wales.
|