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Employer Liability – Stress Management

A new survey suggests that UK employers don’t care about or are not aware of their responsibility to staff suffering from stress. A survey to establish employers knowledge of HSE stress guidelines found:

 
  • 79% of health and safety professional have taken no action to meet the guidelines
  • just 7% of organisations have taken steps to implement them
  • 55% were unaware of the guidelines

The HSE’s standards are voluntary but what are the legal implications? Under the Employment Rights Act 1996: If a worker’s stress results in prolonged or recurring absence an employer is entitled to dismiss them (not for stress, but for the diminished capability to do their job).

However any tribunal will look to make sure the worker was not dismissed before sick pay notice period expired; if a doctor’s note was requested that included prognosis, if consideration was made for length of service in dismissal calculations.

Acorn's tip: start by assessing the HSE’s six sources of stress – job demands, control over work, management support, work relationships, clarity of role, and impact of organisational change.

For more information view www.hse.gov.uk

 

 

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