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Stressed out

22nd January 2004
Page 38
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Page 38, 22nd January 2004 — Stressed out
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Which of the following most accurately describes the problem?

Operators beware: compensation claims for stress are creating

payouts of up to £300,000. Fiona Paddon reports.

Every workplace in the UK must assess the likely effects of stress on its employees or face the consequences. Recently the first improvement notice was served to an employer by the Health and Safety Executive (USE) for the lack of such an assessment.

However. employers face a dilemma. A successful civil claim for stress requires the employer to be aware of the stress being suffered by the employee. This leads to a conflict between the employer's obligation to assess the risks facing his workforce and his desire to limit his liability for stress claims.

What is stress?

The HSE describes stress as"the adverse reaction people have to excessive pressure. It isn't a disease. But if stress is intense and goes on for some time it can lead to mental and physical ill health (eg depression,nmous breakdown and heart disease)-.The HSE adds that stress is not a healthy part of day-to-day existence. Pressure can enhance performance, but when it becomes excessive the results have a detrimental effect on performance.

Nhat is the cost?

k recent survey indicates that British industry losing £1.24bn a year through stress-related lness. The HSE and Personnel Today maga_Me questioned 700 managers; most believed tress was reducing productivity and causing tigher staff turnover. The survey reported hat 1.554,263 working days were lost to stress among UK employers, which would suggest that 11% of the UK's total sickness absence 1 is due to stress. Yet only 51% of the employers surveyed believed these stress-related sick claims were genuine.

What does the law say?

The Health and Safety at Work Act 1974 places a legal duty on all employers to ensure, so far as practicable, the health, safety and welfare of their employees. This duty extends to ensuring employees are not made ill by stress in the workplace.

In addition, the Management of Health and Safety at Work Regulations 1999 require employers to assess the risks to their employ ees. to decide what to do to prevent or control the risks; and then to provide clear management structures to achieve this goal.

The risks covered include pressures at work that could cause high and long-lasting levels of stress: deciding who might he harmed: deciding whether you are doing enough to prevent that harm; and reviewing the assessment when necessary. Clear lines of communication will alert management to the possibility of stress-related problems so action to prevent them can be taken earlier.

Enforcement action

Employers who disregard stress-related problems leave themselves vulnerable to compensation claims. The HSE has yet to prosecute an employer for a stress-related claim, hut it did recently bring an enforcement action against the West Dorset General Hospitals NHS Trust. Enforcement officers served an provement Notice after an HSE investigat which highlighted concerns about the cant of work-related stress. The notice requires Trust to conduct a "suitable and sufficient" assessment by a specified date. The inspec will continue to be involved in this issue.

The similarities between an NHS Trust t a transport company might not be obvious they share a culture of unusual hours, suck demands and sustained pressure.

Individual employ have sued their employ over stress. in 2000, teac Janice Howell was aware over £250,000 in an c of-court settlement al suffering two stress-rela breakdowns. Earlier in 21 another teacher. knc only as Mr A. was aware £300,000 in an out-of-cc settlement after being for to take early retirement. I

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Organisations: NHS Trust, NHS

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