Organisations however large or small have a legal obligation to “reduce, and where possible, prevent work-related stress impacting on the health of their employees”. (hse.gov.uk)
The law relating to health and safety in the workplace is covered primarily by the following statutes:
- Health and Safety at Work Act 1974
- The Management of Health and Safety at Work Regulations 1999
- Protection from Harassment Act 1997
- Equality Act 2010
There is also a common law duty to take reasonable care for the health and safety of employees in the workplace.
Health and safety legislation requires an organisation to assess the level of risk from hazards in the workplace and to take all reasonably practicable measures to prevent or sufficiently reduce that risk. The purpose of the risk assessment is to find out whether existing control measures prevent harm or if more should be done.
The risk assessment has been around for a significant period, with guidance more recently updated to include work-related stress. Arguably however, the terminology in legislation has always implied that the risk assessment should include work-related stress.
With the increase in awareness and increase in personal injury claims through tribunal for work-related stress, organisations can no longer ignore the topic.
