The liability of employers for work stress

Abstract

Purpose

Considers the subject of work stress and the potential liability to employers that may arise.

Design/methodology/approach

Provides details of recent cases from England and Wales that bear upon workplace stress.

Findings

Explains that, for liability to arise, there needs to be an injury to heath, and this needs to be attributable to stress at work.

Practical implications

Advances the view that employers can reduce the likelihood of a successful claim as follows: reduce stress in the work environment; give clear written guidance on actions that employees should take if they feel that they are stressed and ensure the message is conveyed with evidence that this is the case; have a confidential help-line that can refer stressed employees to obtain appropriate help; train managers to look out for the signs of stress and act on them; and pay special attention to anyone who has already exhibited signs of stress or had time off work because of stress.

Social implications

Argues that mental disorders are more difficult to identify than physical ones.

Originality/value

Claims that the threshold for employer liability remains high. The employee will find it difficult to make a successful claim for workplace stress where the person keeps the fact that he or she is stressed from the employer.

Citation

Mustafa, E. (2015), "The liability of employers for work stress", Human Resource Management International Digest, Vol. 23 No. 6, pp. 40-42. https://doi.org/10.1108/HRMID-06-2015-0101