Legislation

Legislation

Under UK law, employers have a legal duty of care to ensure that their employees are not harmed
by work-related stress.

Employers also have a duty under the Management of Health & Safety at Work Regulations 1999, to assess the risks arising from hazards at work, including stress.


The following Acts are the prime ones used in relating to stress in the workplace.

The Health & Safety at Work Act 1974.

          • The aim: “to secure the health, safety and welfare of person’s at work”

          • Section 2 (1): puts a duty on employers to ensure “as far as is reasonable and practicable” the
            health and safety at work of all employees.

            This places a duty on both employer and employee

Management of Health & Safety at Work Regulations 1999.

          • You must take reasonable steps to identify risks to health.

          • Your role as a manager is to mange that risk, including the risk of stress-related ill health, i.e.
             to assess the risk and minimize it - called a Risk Assessment or Stress Audit.

          • Sources of pressure are potential hazards and stress is now classed as a hazard.

          • The risk (the likelihood of injury occurring) will increase if people are not coping.

Disability Discrimination Act 1995 and Disability Discrimination Act 1995 (Amendment)
Regulations 2003, which came into force in 2005.

          • Not coping can become a disability in severe cases.

          • The disability need not be work-related.

          • You are obliged to make reasonable adjustments.

          • Mental illness since 2005, can now be diagnosed by a clinician e.g. depression. This will mean
            more people suffering from stress being able to qualify as being disabled under the DDA.

          • A long-term adverse effect (minimum of 1 year) means vulnerability under the Act.


                          Compensation is unlimited in DDA cases and this is the category that many
                                      future claims for stress related illness can now come under.

Lower Employer Liability Insurance Premiums. Some insurance companies, in the light of recent large stress related settlements, are reducing premiums for employers who are taking a proactive approach to managing stress at work.

The following legislation must also be considered in order to minimise the impact of stress on employees:

The Health and Safety (Display Screen Equipment) Regulations 1992 The Working Time Regulations (Amendment) 2006/99 The Employment Rights Act 1996 The Protection from Harassment Act 1997 The Sex Discrimination Act 1975 (Amendment) Regulations 2003 Race Relations Act 1976 (Amendment) Regulations 2003 The Public Order Act 1994 Human Rights Act 1998 At an EU level, the European Framework Directive 89/391

The above is a summary of some of the main aspects & is not intended as legal advice. This is a complex subject and readers should consult with their legal advisors to discuss specific cases of concern.

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