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Date:  5 November 2008

 

NATIONAL STRESS AWARENESS DAY 5TH NOVEMBER 2008

 

It is perhaps apt that two weeks after the Court of Appeal gave judgment in a work related stress case, this week sees the promotion of a National Stress Awareness Day by the International Stress Management Association, a registered charity whose aim is to advance the education of the public in respect of stress. This year their campaign “is focusing on the pressures we create ourselves – in particular the “worrying” habit”. The “Don’t Worry – Take Action” campaign is designed for use both at home and in the workplace “to reduce worry and resolve problems dynamically – creating a healthy and more energetic you”.

 

Stress – What is it?

A dictionary definition of stress is quoted as “pressure, tension, strain”. Quite often it is a build up of many pressures and challenges. The Health and Safety Executive defines stress as “an adverse reaction a person has to excessive pressures and other types of demands placed upon them”.

It is well recognised that problems at home impact on work performance, and vice versa, a phenomenon seen in both the cases of Hatton –v- Sunderland 2002 EWCA Civ 276 and Dickins –v- O2 (discussed by Albert Powell in a previous bulletin). In light of the obiter comments expressed in the later case of Dickins, it is possible that the issue of non work related stress may become less relevant in a case of occupational stress, and hence a need for an employer to ensure that it has an effective stress management policy in place.

Stress Management Standards 

The Health and Safety Executive estimates that the cost of sickness absence to the UK as a whole is around £12 billion per annum, with stress being the single biggest cause of occupational ill health in the public sector. It sees improving efficiency and productivity by managing attendance and work related stress as a goal, not only for the public sector, but the private sector in addition.

In 2004 the Health and Safety Executive teamed up with the International Stress Management Association and ACAS to devise standards and guidance for employers on managing work related stress.

So what should employers be doing now if they wish to improve the mental health of their workforce; and not leave themselves open to the sort of claims as seen in Barber, Hatton, Dickins and others?

1.

Visit the very useful Health and Safety Executive website and log on to the informative pages detailing how an employer can devise a risk management strategy or management standards approach to work related stress. The website generally provides guidance as to what both employers and employees can do to reduce stress in the workplace, for instance in developing a stress policy; securing management commitments; using the HSE stress survey; setting up and running focus groups, and writing an action plan template.

2.

If as a manager you perceive an employee seems to be experiencing unusual levels of pressure, tension or strain, or if a report is received from an employee that they are unable to cope with the demands of their job, take the issue seriously – counsel and support the employee, and if necessary refer them to an internal or external counselling service.

3.

Work with the employee to decide on targets and actions.

4.

Ensure that all meetings, consultations and communications are fully and accurately recorded in the employee’s employment records.

5.

Continue to monitor, review and record the employee’s progress.

6.

Consider if either management or staff require specific training relating to the issue of stress in the workplace.

7.

Should a personal injury stress claim be received from an employee report it to your employer liability insurers immediately, and ensure that all historical documentary evidence such as personnel records, occupational health records and the stress management policy are preserved – this will help your Solicitor to defend the claim, if it is appropriate to do so.

For further useful information visit:

www.isma.org.uk

International Stress Management Association

www.hse.gov.uk

Health and Safety Executive

www.acas.org.uk

Advisory, Conciliation and Arbitration Service

www.babcp.com British Association for Behavioural and Cognitive Psychotherapies, which can provide details of accredited therapists

 Finally, in the words of the International Stress Management Association whether you are an employer or an employee don’t worry…but do take action!

Collette Bourne

 

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