Managing Work-Related Stress: Challenges and Legal Responsibilities

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Six areas of work that can lead to increased
stress levels:
1.
Demand
2.
Control
3.
Support
4.
Relationships
5.
Role
6.
Change
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Health and Safety at Work etc Act 1974
Management of Health and Safety at Work
Regulations 1999
Equality Act 2010 – Disability Discrimination
Working Time
annual, weekly or daily rest, annual leave
48 hour week
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Step 1: Identify the hazards
Step 2: Analyse the risks
Step 3: Control the risks
Step 4: Keep a record of your findings
Step 5: Review the assessment regularly
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Duty to make reasonable adjustments where:
a provision, criterion or  practice applied by or on
behalf of the employer; or 
a physical feature of the employer’s  premises; or
the non-provision of an auxiliary aid or service… 
...puts a disabled person at a substantial disadvantage in
comparison with non-disabled people
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The guidance
 covers:-
What reasonable adjustments for mental health are
Examples of reasonable adjustments for mental health
Requesting reasonable adjustments for mental health
Responding to reasonable adjustments for mental health requests
Managing employees with reasonable adjustments for mental health
Reviewing policies with mental health in mind
Legal duty to make reasonable adjustments only arises for a "disabled
person" under the Equality Act 2010, but it is best practice, and
recommended by ACAS, that employers make adjustments to meet the
needs of any of their workers who might benefit from such adjustments
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Ensuring appropriate signposting for employees
who need mental health support and
developing consistent policy and good practice
E.g.
Absence management
Stress risk assessment
Return to work processes
Bullying & harassment policy
Whistleblowing
Maternity and other family policies
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Employee assistance programme
Support via Occupational Health
Access to counselling service
Increasing awareness of mental health issues
across the workforce
Mental health first aid training 
Promotion of flexible working options
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Mental health/wellbeing champions
Training managers to support staff with mental ill
health
Training for staff to build personal resilience
(e.g. coping techniques, mindfulness)
Training and educating staff to look out for signs
an employee may be suffering from high levels of
stress
Increased focus on identifying mental ill health
among staff who work remotely
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Taking breaks
Raising any issues with employer
Setting boundaries
Designated work space
Set working hours
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High levels of absenteeism
High turnover of staff
Negative impact on culture and reputation
Employment tribunal claims: disability
discrimination, constructive dismissal, unfair
dismissal, personal injury and failure to make
reasonable adjustments
THE STRESS
CONTAINER
 
1. WELLBEING
Are you safe and well? I'm here to listen and
help where I can. I particularly want to know if
there are areas where your work is impacting
your well-being: Do you feel physically and
psychologically safe, and is your work and life
being balanced in a way that is compatible
with your mental health.
    2. READINESS
Are you set up to succeed? Do you have
everything you need to meet the expectations
set for you, starting with a clear understanding
of what those expectations are?
    3. OBSTACLES
Looking ahead, what is standing in your way?
One of my primary roles as your manager is to
help identify and clear obstacles to your
progress. Let me know what you need from me
to help me help you.
  4.RECOGNITION
Since we last met, what did you accomplish
that you feel good about? Let's mark down
every win as we go.
    5. FEEDBACK
Making space for quick informal bits of
feedback ("You were awesome in that
meeting.") – and in both directions. Feedback
for you, feedback for me.
  WHAT DOES THIS DO?
Making a personal connection
Colleague agencys
Identifying stressors
Regular and not project specific contact
Creating open-ness to talk about bigger
challenges
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Maxwell v HBOS Plc 4105793/202
Depression exacerbated by restructure
Weekly check-in meetings
Referral to various support networks (EAP)
W
ellness plan to record discussions and actions
O
ccupational Health assessment
BUPA counselling
Stress risk assessment
R
educed hours, discretionary breaks and a phased
return
Attempt to find a mental health advocate
Maxwell v HBOS Plc 4105793/202
Followed each stage of 
Health, Wellbeing and
Attendance Policy
Final review stage – aware potential outcome
was dismissal
M’s only suggestions were redundancy or ill
health retirement
D
ismissal = fair
Efforts to accommodate concerns and bring
employee back to work
Not obliged to offer redundancy or IHR
J McAllister v Commissioners for
HMRC [2022] EAT 87
High level of absence – not all mental health
related
Final absence arose from disability and
apparently work related
OH referrals
Reasonable adjustments considered
Impact on productivity and staff morale
Dismissal fair and although related to disability,
was objectively justified:
E
nsuring adequate attendance and fairly managing
sickness absence
 
 
  
Questions?
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Explore the key factors leading to increased stress levels in the workforce, laws regulating work-related stress, stress risk assessments, reasonable adjustments for employees, and ACAS guidance on making necessary accommodations for mental health in the workplace. Learn about the essential steps in stress risk assessments and the importance of creating supportive employment documents to address mental health issues effectively.


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  1. Mental Health at Work: Challenges and Practical Tips Nicole Moscardini Chris Grant Sarah Gilzean

  2. What leads to increased stress levels in a workforce? Six areas of work that can lead to increased stress levels: 1. Demand 2. Control 3. Support 4. Relationships 5. Role 6. Change

  3. The law on work-related stress Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 Equality Act 2010 Disability Discrimination Working Time annual, weekly or daily rest, annual leave 48 hour week

  4. Stress Risk Assessments Step 1: Identify the hazards Step 2: Analyse the risks Step 3: Control the risks Step 4: Keep a record of your findings Step 5: Review the assessment regularly

  5. Reasonable adjustments Duty to make reasonable adjustments where: a provision, criterion or practice applied by or on behalf of the employer; or a physical feature of the employer s premises; or the non-provision of an auxiliary aid or service ...puts a disabled person at a substantial disadvantage in comparison with non-disabled people

  6. ACAS Guidance on making reasonable adjustments The guidance covers:- What reasonable adjustments for mental health are Examples of reasonable adjustments for mental health Requesting reasonable adjustments for mental health Responding to reasonable adjustments for mental health requests Managing employees with reasonable adjustments for mental health Reviewing policies with mental health in mind Legal duty to make reasonable adjustments only arises for a "disabled person" under the Equality Act 2010, but it is best practice, and recommended by ACAS, that employers make adjustments to meet the needs of any of their workers who might benefit from such adjustments

  7. Employment documents Ensuring appropriate signposting for employees who need mental health support and developing consistent policy and good practice E.g. Absence management Stress risk assessment Return to work processes Bullying & harassment policy Whistleblowing Maternity and other family policies

  8. Support from employers Employee assistance programme Support via Occupational Health Access to counselling service Increasing awareness of mental health issues across the workforce Mental health first aid training Promotion of flexible working options

  9. Support from employers Mental health/wellbeing champions Training managers to support staff with mental ill health Training for staff to build personal resilience (e.g. coping techniques, mindfulness) Training and educating staff to look out for signs an employee may be suffering from high levels of stress Increased focus on identifying mental ill health among staff who work remotely

  10. What about the duty of employees? Taking breaks Raising any issues with employer Setting boundaries Designated work space Set working hours

  11. Risk to employers if they dont get this right High levels of absenteeism High turnover of staff Negative impact on culture and reputation Employment tribunal claims: disability discrimination, constructive dismissal, unfair dismissal, personal injury and failure to make reasonable adjustments

  12. Stress flows into the container THE STRESS CONTAINER If the container overflows - problems can develop Positive coping mechanisms and support can help stop the container overflowing

  13. 1. WELLBEING Are you safe and well? I'm here to listen and help where I can. I particularly want to know if there are areas where your work is impacting your well-being: Do you feel physically and psychologically safe, and is your work and life being balanced in a way that is compatible with your mental health.

  14. 2. READINESS Are you set up to succeed? Do you have everything you need to meet the expectations set for you, starting with a clear understanding of what those expectations are?

  15. 3. OBSTACLES Looking ahead, what is standing in your way? One of my primary roles as your manager is to help identify and clear obstacles to your progress. Let me know what you need from me to help me help you.

  16. 4.RECOGNITION Since we last met, what did you accomplish that you feel good about? Let's mark down every win as we go.

  17. 5. FEEDBACK Making space for quick informal bits of feedback ("You were awesome in that meeting.") and in both directions. Feedback for you, feedback for me.

  18. WHAT DOES THIS DO? Making a personal connection Colleague agencys Identifying stressors Regular and not project specific contact Creating open-ness to talk about bigger challenges

  19. Some recent cases Maxwell v HBOS Plc 4105793/202 Depression exacerbated by restructure Weekly check-in meetings Referral to various support networks (EAP) Wellness plan to record discussions and actions Occupational Health assessment BUPA counselling Stress risk assessment Reduced hours, discretionary breaks and a phased return Attempt to find a mental health advocate

  20. Maxwell v HBOS Plc 4105793/202 Followed each stage of Health, Wellbeing and Attendance Policy Final review stage aware potential outcome was dismissal M s only suggestions were redundancy or ill health retirement Dismissal = fair Efforts to accommodate concerns and bring employee back to work Not obliged to offer redundancy or IHR

  21. J McAllister v Commissioners for HMRC [2022] EAT 87 High level of absence not all mental health related Final absence arose from disability and apparently work related OH referrals Reasonable adjustments considered Impact on productivity and staff morale Dismissal fair and although related to disability, was objectively justified: Ensuring adequate attendance and fairly managing sickness absence

  22. Questions?

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