Stress at work – overview of legal issues

1. Stress at work – overview of legal issues HR Forum French Chamber of Commerce in Great Britain www.millerrosenfalck.com

2. What is stress • "…a state, which is accompanied by physical, psychological or social complaints or dysfunctions which results from individuals feeling unable to bridge a gap with the requirements or expectations placed on them". Framework Agreement October 2004 • " the adverse reaction people have to excessive pressures or other types of demand placed on them". HSE 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com

3. Legal framework • Health and Safety at Work etc Act 1974 • Legal duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. • HSE Management Standards http://www.hse.gov.uk/stress/index.htm 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

4. Common Law Tort of negligence • Legal duty to take reasonable care for the health and safety of employees in the workplace. • Breach of the duty of care causing the employee injury is actionable if an injury of that type as a result of the breach was reasonably foreseeable. 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

5. Disability Discrimination • Equality Act 2010 • Anxiety, stress and depression having a substantial and long-term adverse effect on an employee's day-to-day activities may amount to a disability under the Act. 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

6. Contract. Breach of express or implied terms of the employment contract • Restrictions on working hours • Harassment under the Protection from Harassment Act 1997 • Unfair dismissal under the Employment Rights Act 1996 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

7. Disability Discrimination • A physical or mental impairment • The impairment must have adverse effects that are substantial • The substantial effects must be long-term • The long-term substantial effects must have an adverse effect on normal day-to-day activities. 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

8. Disability Discrimination • The duty to make reasonable adjustments • Department of Health guidance • Stress and disciplinary proceedings 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

9. Dealing with stress at work- Fair procedure checklist • If any stress-related factors come to light at performance interviews, in the course of disciplinary proceedings or at appraisals, the employer will be on notice of the health risk and needs to take reasonable steps to remove that risk. • Involve the employee in the process by asking what steps could be taken to remove the stress. • Where the stress relates to poor supervision, take appropriate steps to train managers and supervisors. Where stress is identified as caused by inadequate training, provide such training as the employee requires to perform their duties. • Where the stress relates to others in the workplace, for example, stress carriers, bullying or management style, remedial steps will almost certainly involve discussion with the third party. Whether any further steps need to be taken, such as disciplinary action, will depend on the results of any investigation. 27 October 2014 27 October 2014 www.millerrosenfalck.com www.millerrosenfalck.com www.millerrosenfalck.com

10. Contacts Miller Rosenfalck LLPAylesbury House17-18 Aylesbury StreetLondon EC1R 0DBEnglandwww.millerrosenfalck.com T +44 (0)20 7553 9930F +44 (0)20 7490 5060 Emmanuelle Ries – er@millerrosenfalck.com 10 www.millerrosenfalck.com