EEF stresses the importance of wellbeing in workplace

Mar 13 2007 By The Journal

When there's no such thing as a pressure-free job, and with stress being a difficult condition to diagnose, many employers frequently ask: `How can stress in the workplace be managed?'

With a 2005/06 survey by the Health & Safety Executive indicating that around 420,000 individuals in Britain believed they were experiencing work-related stress at a level that was making them ill, it's no wonder EEF Northern, the manufacturers' organisation, is offering legal and health and safety advice on the subject every day.

Joanne Holborn, head of legal at EEF Northern, says: "Stress means different things to different people but the simplest way of describing it is that stress is what happens when you can't cope anymore. One individual may be able to cope with the pressures placed on them better than another individual doing the same job."

It is difficult for employers to determine whether stress is a disability within the meaning of the Disability Discrimination Act 1995. An employee is a disabled employee if they suffer from a physical or mental impairment which has a substantial adverse affect on their ability to carry out normal day-to-day activities. In practice, it can be hard to determine when stress turns into a mental health problem.

If an employee is stressed for a long period of time and it has a significant impact on their day-to-day living, it may well be a disability within the meaning of the Act. If they are absent from work with stress then it is important to try to rehabilitate them into the workplace as soon as possible.

Joanne says: "It is helpful if an organisation has a sickness absence policy. The employee then knows what to expect if they are off sick and they also know that they may be referred for an occupational health report at an early stage."

Employees who are off work with stress should be encouraged to maintain contact with the workplace and when they are well enough a return to work, employers should make a rehabilitation plan.

This may include allowing an employee a phased return to work by gradually increasing their hours until they are able to return to full-time work or by reducing an employee's workload so they are not placed under the same pressure they were under before.

"The fact is that pressures and demands are placed on individuals because every job has its own responsibilities and day to day problems."

Mike Fenton, head of health, safety and environment at EEF Northern, says that some pressures can be a good thing: "Pressure can keep us challenged and motivated, giving individuals a sense of achievement and job satisfaction.

"But some people's ability to deal with pressure is not limitless and excessive workplace pressure can lead to harmful stress which undermines business performance and the health of the workforce."

One of the steps an employer can take is by actively trying to prevent stress before it actually occurs. The best way to do this is to recognise what causes stress. Research has identified a number of major causes of work-related stress: lack of control over work, work/life balance, organisational change and confusion over communication channels, isolation from other team members, incorrect/damaged tools to do the job, lack of clarification/understanding of roles and responsibilities, increase in administrative duties, and lack of management support.

"Stress is a huge problem for employers as well as employees. Under Section 2 of the Health and Safety at Work Act 1974, every employer owes a duty of care to ensure, so far as reasonably practicable, the health, safety and welfare at work of all its employees.

"To comply with this duty, employers need to recognise the risk(s) and implement appropriate policies/procedures to identify, minimise and/or control the risk.

"This is done by conducting suitable and sufficient risk assessment in accordance with Regulation 3 of the Management of Health and Safety at Work Regulations 1999."

A number of standards for good management practice have been developed to show employers how stress in the workplace can be managed.

These standards are aimed at those "stressors" which can affect employees and cover the following criteria:

* job demands at work;

* control of work activities, including employee input;

* support at work, for managers, staff and colleagues;

* relationships management, covering conflict, confidentiality etc;

* clarity of role and responsibilities to ensure understanding;

* understanding organisational or role changes through effective communication channels, consultation and involvement.

EEF Northern provides expert help and advice for employers on all issues relating to legal or health and safety matters.

For more information visit www.eef.org.uk/ northern

Recent case law

In the case of Intel Incorporation (UK) Ltd v Daw, February 2007, Miss Daw alleged she had suffered a breakdown in her mental health caused by the negligence of her employers.

She alleged her employers ought to have known that the demands made upon her in her employment were totally unreasonable and that the risk of harm to her health was clear.

The evidence was that Miss Daw's reporting lines were confused and demands were made upon her by different managers. She was also provided with insufficient assistance to carry out her workload and had to work excessive hours to get the work done.

Miss Daw had complained, on at least 14 occasions, about problems she was experiencing at work.

The employers sought to rely on the fact that they had provided a counselling service to escape liability in this case but the Court of Appeal found that the consequences of the employer's failure could not be avoided by the provision of counsellors. The employer should have known what action was required to avoid Miss Daws' injury.