Stress is defined by the Health and Safety Executive (HSE) as ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’. Stress is not an illness, but it can affect a person’s physical and mental health.
If stress is not correctly managed, it can cause: ‘burnout’ (physical and emotional exhaustion), anxiety, and depression. It can also increase the risk of physical illnesses such as heart disease, back pain, digestive conditions, and skin conditions.
The Main Causes of Stress in the Workplace
Stress at work can be caused by many different factors, for example,
- Poor working conditions
- Lack of support or encouragement from managers
- Bullying at work
- Feeling unclear about roles and responsibilities
- Low trust and not feeling able to speak up about concerns
- Change within the organization
And a variety of other factors
Understanding Your Employer’s Duty of Care
A key role employers can play when supporting their work is creating an open and honest working environment where employees feel free to talk about how they feel.
When talking about work-related stress, it is crucial that managers are sensitive and supportive. The best course of action for a manager to take when they become aware someone is experiencing stress is to arrange an informal chat in private.
Your employer should:
- Be open to their questions, asking
- Listen to the information they are being told
- Remain open-minded about how the worker might be feeling
- Ensure the meeting is during the working day
- Try and identify the underlying cause of stress
- Work together on possible solutions
Furthermore, managers should signpost employees to any internal or external specialist help if deemed necessary.
Your Employer’s Obligations: What You Need to Know
A key responsibility of managers when dealing with employees suffering from stress is confidentiality:
- As an employer, they should reassure the worker that anything they tell them will not be shared with other employees.
- However, if there’s a valid reason for this, it should be expressed explicitly to the employee with clarity on who the information will be shared with.
Finally, an important strategy that employers should utilize to support employees is the creation of an action plan.
Where to receive support? Wellness Action Plan
When a worker is experiencing work-related stress, they should agree with their employer on what they can do to reduce it. One way to do this is to establish an action plan.
Employers and employees can use the wellness action plan that Mind has developed. It’s the first step to leading a happier team or being happier at work. Whether you work remotely, in the office, or in a hybrid environment, pick the Wellness Action Plan that works best for you.
The action plan should include:
- What are the problems?
- A proposed solution
- What actions need to be taken on both sides to achieve this solution
- The dates by which to achieve each action
- A date to review the plan and catch up
In addition, employers should talk to the employee to discuss suitable adjustments that may help them reduce their work-related stress. For example, training or mentoring, change of responsibilities, allowing more rest breaks, and flexible working hours.
When these adjustments are made, managers should regularly check that they are effective. If you still believe your concerns aren’t being adhered to by your employer, you may be entitled to compensation.
Frequently asked questions:
What do I do if I’m suffering from stress at work?
The most important thing before any financial claim is to prioritize your health. If you are concerned about how you are coping with stress at work, we would encourage you to speak to your GP. They have a wealth of experience and knowledge regarding mental ill-health.
Before an issue escalates at work, try to talk to someone you can confide in who may be able to help. It’s not an employer’s job to diagnose or treat stress, but they will be able to direct you to internal support programs available or advise how they can help.
If you have been battling these issues quietly, explain the problems you are facing at work calmly and professionally to your employers.
If you later consider making a claim, having a record of work issues raised can be useful. If you feel as though you have tried to bring them to your employer’s attention and are still suffering from stress at work, we would be happy to discuss the matter further with you.
Please get in touch for a free and confidential assessment if you feel as though you would benefit from some legal support.
Do I have a claim?
High levels of stress over time run the risk of damaging mental health to the extent that medical intervention is required. Employers have a legal obligation to take measures to support both the physical and mental well-being of staff.
Common stress at work claims can include:
- Workplace bullying – Physical or verbal abuse, being belittled, excluded, malicious pranks, aggressive and passive-aggressive treatment, etc.
- Harassment at work – Threats, physical, verbal, and sexual assault, attacks on ‘protected’ characteristics, and some of the behaviours listed under workplace bullying.
- Lack of training – Pressure of doing a job and doing it well, having been offered insufficient or zero training.
- Excessive workload – Having far too much work for one person to manage. This can affect both personal lives.
- Denial of rights – Such as toilet, coffee or lunch breaks, permission to attend medical appointments, unreasonably required to stay after hours, etc.
- Unfairly applied policies or procedures – Selective enforcement of rules, unreasonable demands, or being singled out to do something when you are unable to do so.
- Having mental health issues ignored – When your employer has full disclosure about a mental health condition, yet they do not make satisfactory adjustments to accommodate your needs within the workplace.
Compensation is pursued in the county courts against an employer who has failed in their legal duties to keep their employee mentally safe at work despite being aware that risks were present, causing harm to that employee’s health.
How do I make a claim?
Before deciding if a claim is the best option for you, it’s important to seek initial legal advice. Oakwood Solicitors Ltd offers a free initial assessment and would be happy to examine any documents you have and discuss whether we think that action could be taken.
If you find a solicitor who believes that your claim has merits, it is important to consider the impact on your health that moving a claim forward may have. Litigation can be stressful and may have an adverse effect on your health.
We are not doctors, so we cannot give you medical advice – but we do have a duty to advise you that pursuing a claim will be a reminder of the stress that led to your psychiatric condition whilst it is ongoing.
The only outcome of a successful claim is financial compensation. You may see litigation as a way of getting answers, but in most cases, settle out of court, meaning that many questions may remain unanswered.
Doctors’ advice may be that you will only be able to make a good recovery from your illness once you can move on from your issues. Litigation may therefore delay your recovery. Any decision to proceed must be your own, in conjunction with medical advice.
If you agree to proceed with a claim, our team will be happy to explain the process in further detail with you.
How much is my claim worth?
The section of the Judicial Studies Board Guidelines (JCG) covering psychiatric injury claims has four compensation brackets:
- Severe: The most extreme of cases, where the outlook for someone’s recovery is extremely poor (£54,830.00 – £115,730.00).
- Moderately severe: Symptoms amount to a disability affecting someone’s life in a permanent or long-standing way, preventing a return to comparable employment (£19,070.00 – £54,830.00).
- Moderate: Symptoms have affected daily life, work, and relationships, but medical evidence opines that good progress towards recovery will be made by the time of trial. The extent of treatment will assist recovery, alongside future vulnerability to relapse, is also assessed (£5,860.00 – £19,070.00).
- Less severe: Usually where the duration of symptoms is less than twelve months, and the extent to which the symptoms have affected someone’s daily activities and sleep is low level (£1,540.00 – £5,860.00).
Most cases of this nature fall within the moderate or moderately severe categories. The court considers similar trial cases to determine where a case may fall regarding the compensation bracket.
- Post-Traumatic Stress Disorder (PTSD) cases: the court has additional separate guidance from the above.
- Special damage: Can cover out-of-pocket expenses such as lost earnings, travel, medication, and treatment costs, etc.
Claims for both past and anticipated future losses can be made. This list is not exhaustive and is very case-specific.
Further information:
Oakwood Solicitors – Stress at work claims.
When might I need (or consider) legal help regarding workplace stress? An employee checklist.
WHAT TO DO NEXT
If you have been impacted by stress at work, you may be eligible for compensation. Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 486 2586 to find out how we can help you.
Author: Emily Baxter
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