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All employers have a legal responsibility to tackle work-related stress

There is no single specific law dealing with stress, however employers have responsibilities under both statutory and common law:

  • HSE revised Management Standards issued November 2004
  • Health and Safety Act 1974
  • The Working Time Regulations 1998
  • The Disability Discrimination Act 1995
  • Common law requires employers to provide a safe working environment

The Key Messages

  • Stress is a priority for the HSE
  • The revised Management standards are statements of good management practice
  • The HSE expects employers to: implement the guidance; undertake the 5-step risk assessment process and involve safety reps and the workforce
  • HSE inspectors are now being trained to carry out inspections to assess if employers are fulfilling their legal obligations

Key Cases

*** In 1995 John Walker was awarded £175,000 in compensation for Work-related stress when Northumberland County council was found negligent on 3 counts. This proved to be a landmark case and since then there have been numerous settlements in and out of court with awards of up to 6-figures.

*** The Barber Case spring 2004 highlighted the duty of care that employers have once it becomes apparent that an employee is experiencing stress.

To find out how to fulfil your legal obligations contact: Trudie@td-stressconsulting.com