Stress - a word of caution

Tuesday's decision from the Court of Appeal on damages for job-related stress has been heralded as a change in direction and good news for all employers.

Most significantly, when overruling three separate damages awards totalling almost £200,000, the Court of Appeal made it clear that in order to claim damages for work related stress, the onus is on the employee to complain about the stress and bring problems to the attention of the employer.  This decision could reduce the number of circumstances in which employees win payouts; a welcome sign for all employers given the latest statistics from the TUC which indicated that last year new cases linked to stress increased from 516 to 6,428.

In setting out new tougher guidelines, the Court of Appeal stated that any employer who offers a confidential counselling advice service with access to treatment is unlikely to be found liable for breach of its duty of care.

Welcome guidance indeed, but it will still be necessary to take a common sense approach when faced with an employee with stress related problems.  The provision of counselling services will be only one of many factors that courts will take into account and while it certainly will minimise exposure to liability, it will not absolve it.  Clearly, and most importantly, employers must not ignore employees' cries for help.

What should one do then to minimise potential exposure to stress claims?  Useful tips include:

   * Draft a stress policy
   * Carry out risk assessments
   * Monitor stress levels and individual workloads regularly
   * Talk to staff to find out how they are coping and watch out for tell tale signs
   * Where complaints are made, treat them seriously and investigate
   * Consider whether a period of paid/unpaid absence is required, together with a phased return to work.

For further advice in this area please contact Kate Gater by e-mail on kate.gater@berwinleightonpaisner.com.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.