WORK-RELATED STRESS Current Issues

Overview The scale of the problem The scale of the problem What is stress? What is stress? Legal implications Legal implications Occupational Health Role Occupational Health Role HSE Management Standards HSE Management Standards Case studies Case studies

Statistics Estimated 13 million work days lost to stress each year – CBI Estimated 13 million work days lost to stress each year – CBI Loss of £3.7 billion to UK economy annually - CBI Loss of £3.7 billion to UK economy annually - CBI 52% of employers report an increase in stress related absence - CIPD 52% of employers report an increase in stress related absence - CIPD Average stress claim of £245,000 Average stress claim of £245,000 Many employers unaware of the cost to their organisation - CIPD Many employers unaware of the cost to their organisation - CIPD

Definitions of stress

Definitions “the adverse reaction people have to excessive pressures or other demands placed on them” Health and Safety Executive “stress is what you get when you can’t cope” Mind Out, mental health charity “excessive pressure, which, if allowed to build up over time, can manifest itself in a variety of psychiatric, physiological, behavioural and mental problems”

Six Primary Stressors 1. Demands 2. Control 3. Support 4. Relationships 5. Role 6. Change

Organisational Warning Signs Increased absenteeism Increased absenteeism High staff turnover High staff turnover Rising complaints Rising complaints Fallings standards/performance Fallings standards/performance Increased accidents/ incidents Increased accidents/ incidents

Warning Signs in Individuals Changes in behaviour Changes in behaviour Poor performance Poor performance Increased absence Increased absence Poor timekeeping Poor timekeeping Relationship difficulties Relationship difficulties Headaches Headaches Insomnia/ early waking Insomnia/ early waking Anxiety/ panic attacks Anxiety/ panic attacks Depression Depression Emotional distress Emotional distress

Legal Implications

Regulatory Requirements Health & Safety at Work etc Act 1974 Health & Safety at Work etc Act 1974 Management of Health & Safety Regulations 1999 Management of Health & Safety Regulations 1999 Disability Discrimination Act 1995 Disability Discrimination Act 1995 Human Rights Act Human Rights Act Protection from Harassment Act Protection from Harassment Act Employee Relations Act Employee Relations Act

Case Law Hatton v Sutherland Hatton v Sutherland Barber v Somerset County Council (2004) - case dismissed by Court of Appeal but restored in his favour by House of Lords Barber v Somerset County Council (2004) - case dismissed by Court of Appeal but restored in his favour by House of Lords Bonser v RJB Mining (UK) Ltd (2004) – case dismissed Bonser v RJB Mining (UK) Ltd (2004) – case dismissed Sandwell MBC v Jones – appeal upheld Sandwell MBC v Jones – appeal upheld Source Goldman and Lewis (2004)

General Principles Common law duty of care Common law duty of care Duty to prevent bullying and harassment Duty to prevent bullying and harassment Duty to prevent unfair discrimination or dismissal Duty to prevent unfair discrimination or dismissal No inherently stressful occupations No inherently stressful occupations Employers entitled to take at face value what an employees say unless good reasons exist to think to the contrary Employers entitled to take at face value what an employees say unless good reasons exist to think to the contrary Liability accrues for only “that proportion of the harm suffered which is attributed to [the employers] wrongdoing, unless the harm is truly indivisible” Liability accrues for only “that proportion of the harm suffered which is attributed to [the employers] wrongdoing, unless the harm is truly indivisible”

Occupational Health Role Recruitment Recruitment In-service referrals In-service referrals Prevention Prevention

HSE Management Standards Follow six headings: 1. Demands 2. Control 3. Support 4. Relationships 5. Role 6. Change

Case Studies Jack: Jack: Was an audio-visual technician who was often asked to assist students with project work, especially in the run up to exams He was reprimanded for being behind with his routine maintenance although felt he could not let the students down as he felt their grades depended upon his help He became anxious and depressed and in addition to taking time off work, he became increasingly hostile to his manager

Case Studies Monica: Monica: Was a senior PA for a pool of lecturers. She was referred to Occupational Health for high levels of short-term absence. She reported severe domestic difficulties due her caring for her mother with Alzheimer's disease She also felt stressed as she was the supervisor for a group of junior secretaries and felt unable to tell anyone about her home predicament

Case Studies Jenny: Jenny: Was a senior librarian. She was presently suspended form work due to allegations of harassment that she strenuously denied. She felt that the allegation was malicious and that everyone had already sided with her accuser. She felt that the investigation was too slow and she was kept in the dark about what was going on. She reported suffering anxiety attacks, and had difficulty eating and sleeping

Live issues

Test Look at this picture of two dolphins jumping in tandem. Look at this picture of two dolphins jumping in tandem. Research shows that the more stressed you are, the greater the differences you will see between the dolphins Research shows that the more stressed you are, the greater the differences you will see between the dolphins

Any questions?