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Janet Savage
Member - 2 posts
I am seeking advice / case law precedent as to the employer's duty in relation to an individual's stress management, when the potential stressors are not work related. To what extent is the employer expected to assist? The query is not about a specific individual, or a specific external stressor. I am just seeking general guidance on this issue.
Any advice appreciated.
Thank you
Janet
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James Fairchild
Member - 210 posts
Well its certainly in the employers' interest to assist.
I think that (regardless of the cause of the stress) the employee would have the same rights (i.e. sick pay, pos DDA reasonable adjustments), though I can imagine a tribunal taking a dim view of an employee who had stress problems that were voluntary and not relating to the company (for example stress from voluntary/community activities, stress from a marriage break-up, etc). Anyohne else got thoughts?
Finally, the converse of the situation Janet decribes, namely stress that was completely caused by the employer, is covered in McAdie v Royal Bank of Scotland.
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Anne McAllister
Member - 115 posts
I would imagine that it is good practice to assist any employee with any situation that harms his/her health and as such , although the stressors are not directly work related they will at some point have an effect on this persons ability to do their job.
If someone ends up suffering ill health due to stress they may end up recieving sick pay which will cost the company so its probably wise to introduce stress reduction education for all employees as it can be avoided .
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James Fairchild
Member - 210 posts
just to correct my previous post, I missed a few words out. I meant to say:
"trivbunal taking a dim view of an employee who has stress problems that were voluntary who failed to do anything about their peripheral/external issues.
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