A recent poll commissioned in March 2023 found that 33% of British workers do not believe that their organisation is effective at managing work-related stress. As a result, ACAS have published new advice for employers on how to recognise the signs of stress, help manage it and create an environment at work where staff can openly discuss it.
Causes of stress
The ACAS guidance identifies a variety of different work-place stressors, including:
- too many or conflicting demands
- poor working conditions
- little control over how and when work is done or decision making
- lack of support or encouragement from managers and others at work
- bullying and conflict at work, particularly if these are not managed well
- not having enough training or skills to do a job
- feeling unclear about roles and responsibilities
- low trust and not feeling able to speak up about concerns
- change within the organisation
The impact on work-related stress arising from personal circumstances has also been noted. These include bereavement, divorce, menopause, caring responsibilities, poor health and financial worries.
The law on work-related stress
There are two main sources of health and safety law which cover work-related stress:
- The Health and Safety at Work Act 1974 places a ‘duty of care’ on employers to protect their employees from the risk of stress at work; and
- The Management of Health and Safety at Work Regulations 1999 requires all employers to make a ‘suitable and sufficient assessment’ of the risks to the health and safety of their employees at work.
In short, it means employers must identify any risks to employees’ mental or physical health and take reasonable steps to prevent or reduce work-related stress.
Whilst stress on its own is not classified as a disability, the symptoms of stress could amount to a disability under s.6 of the Equality Act 2010 (EqA). Specifically, an individual is disabled under s.6 if they have:
- a physical or mental impairment
- that has a substantial or long-term (12 months or more) adverse effect on their ability to carry out normal day-to-day activities
In summary, if an employee is disabled (and placed at a substantial disadvantage on account of a provision, criterion or practice, physical feature of the workplace or need for an auxiliary aid) and the employer knows (or ought reasonably to know) this, then the employer has a duty to make reasonable adjustments.
The new ACAS guidance goes further to encourage employers to consider implementing reasonable adjustments for all employees suffering with work-related stress, even if they are not suffering with a disability as defined under s.6 of the EqA.
What should employers do?
Employers are encouraged to look out for signs of stress which can include:
- poor concentration
- finding it hard to make decisions
- being irritable or short tempered
- tearfulness
- tiredness
- low mood
- avoiding social events
If any of the above signs are identified, employers are advised to have a confidential, informal chat at an early stage communicating the internal and external help available to staff. Employers and employees should work together on possible solutions, one of which could be to put into place a ‘wellness action plan’ with a clear review date and implementing any reasonable adjustments to support it. Any conversations should remain confidential unless it is absolutely necessary to share this information, for example with human resources/occupational health.
Suggested reasonable adjustments for mental health listed in the new guidance include:
- changing roles and/or responsibilities
- reviewing working relationships and communication styles
- changing the physical working environment
- policy changes
- any additional support (such as modifying supervision/offering coaching…)
Additionally, if an employee is absent due to stress, the employer should keep in contact and ensure that a return-to-work meeting takes place.
Employers should also have a policy on mental health and stress, carry out risk assessments, implement other supportive measures such as providing an employee assistance programme (EAP), promote work-life balance and offer training on stress management techniques.
Summary
The new ACAS guidance provides clear ways to manage mental health in the workplace. It not only highlights the importance of regularly reviewing policies and procedures relating to mental health and stress but also taking a pro-active approach to managing such situations.
Whilst the ACAS guidance is not legally binding, any employer that disregards is exposed to decreased productivity from long-term sickness, grievances being raised and, in a worst-case scenario, potential Employment Tribunal claims.
Should you require any advice on the practical application of the new ACAS guidance, please contact our dedicated Health Employment team.
For further information, please contact:
Michael Wright, Partner, Hill Dickinson
michael.wright2@hilldickinson.com
