Stress busting

Of 242 bosses approached in the county this month, 84 per cent of them have noticed increased stress levels in their workforce over the past year.

The survey, conducted by Peninsula, the national employment law firm, comes as legal events unfold which could give the bosses themselves cause for stress - in the face of criminal proceedings.

Of course they are doing what they can to prevent stress. That is clear if you believe the 82 per cent of North Yorkshire employers who say that they continuously monitor the problem to ensure that it doesn't escalate.

As many as 89 per cent of the region's bosses said that absence was on the increase, with staff using stress as their main reason for not turning up for work.

Naturally it was hard for these employers to prove the link between rising absenteeism and stress in the workplace - some of the pressure, if not most of it, could have built up at home.

But 92 per cent were clear that stress absenteeism, whatever the reason, cost them business.

Raymond Wrigglesworth, head of Peninsula's employment law business warned: "North Yorkshire employers must take stress extremely seriously.

"The problem has been escalating over recent years and with tighter business deadlines in place, an employer has a duty to ensure that their workers do not suffer stress symptoms."

He advises tackling the issue head on by introducing measures to keep the problem at bay. If they don't they could be in trouble.

He warns that the Health and Safety Executive (HSE) is expected to prosecute businesses that don't take action.

Helen Brown, partner in the insurance claims department of Langleys solicitors of York explains that last month the HSE served an improvement notice on a West Dorset NHS Trust, requiring it to assess its employees' stress levels and introduce a programme to reduce them. If it doesn't meet the deadline then a prosecution under the Health and Safety at Work Act could follow.

Mrs Brown said: "This is the first time that a potential criminal prosecution against an employer has arisen from work-related stress.

"Previously an employer's involvement in stress claims would be through the defence of compensation claims pursued either through the industrial tribunal or, more frequently, through the civil courts."

Under the Health and Safety at Work Act 1974 there is a duty on employers to ensure "so far as is reasonably practicable" the health and safety and welfare of its employees and this is the first time that the HSE has challenged the adequacy of working procedures.

But what is adequate? Exact guidelines on stress prevention and rehabilitation are being published by the HSE, but won't be available as a guide for managers until some time this autumn..

Meanwhile, employers can take their cue from the Civil Courts where one judgement decreed that the main issue was whether the harm (stress) to the employee was reasonably foreseeable.

Mrs Brown explains: "Foreseeability depends on what the employer knows about the individual employee or reasonably should have known.

"This means that a boss is normally entitled to assume that the employee can cope with the normal pressures of the job unless he is aware of some particular problem or vulnerability.

"An employer is only expected to take steps that are reasonable and would actually result in some good."

But, she says, the importance of the HSE intervention "cannot be under-estimated." And adds: "It is a clear statement of intent from the HSE that the focus must remain on the emplkoyee's well-being; that little sympathy will be given to employers who have failed to implement measures to reduce stress levels."

Practical steps to reduce anxiety

So what practical steps can employers take in the battle against stress? Try this:

DON'T ignore signs of stress. Talk to your employees, and when appraising their work allow them to express concerns about working practice which may cause stress. Use the information to formulate a stress policy.

AVOID unreasonable expectations of your employees.

GUIDE employees on prioritising workloads and give them a framework to delegate tasks when appropriate

FORMULATE a system for discussing employees' progress, and provide effective training for your managers to identify potential causes of stress.

UNDERTAKE employee surveys to identify problems in stress-related areas, analyse poor performance and consider whether stress is a factor.

SPEAK to regular absentees who claim stress as the cause and ascertain whether it is work-related.

MONITOR and support the employees who return to work after absences through stress.

SUPPORT your staff with counselling services or, where needed, get the help of occupational health services.

ASSESS the risks - most importantly - in relation to stress related issues and consider the development and implementation of systems to prevent stress being triggered.

Updated: 15:01 Tuesday, September 23, 2003