Many employees have experienced some form of stress, anxiety or depressive disorder as a result of their workplace situation.
What is Stress Awareness Month?
Stress Awareness Month has been held every April since 1992 in order to raise awareness of both the causes and cures for what is considered to be a modern stress epidemic. It is considered that by raising awareness, help can be sought more readily and employers will be better equipped at providing support and a resolution. It is the interests of both an employee and an employer to act swiftly.
Stress can be a major cause of long-term absence in the workplace
We find that in many situations, a stress related problem will quickly escalate resulting in absence from work. It could arise in response to a particular event or something which has progressively worsened over a period of time. From an employee’s perspective, stress can place enormous demands on their physical and mental wellbeing which can affect their behaviour, relationships and performance. From an employer’s perspective, stress is a major cause of long-term absence which can impact negatively on the business and ultimately, its profitability.
Why do problems arise in the workplace?
Problems can arise for a number of reasons, for example, an unreasonable management style, inappropriate behaviour or unacceptable conditions of work. It is important for both an employee and employer to resolve a problem as soon as possible.
What can an employee do if they have a problem in the workplace?
An employee should consult any internal workplace resolution process or grievance procedure to determine whether there is a particular means of raising a complaint. The usual process would be to raise an informal grievance with human resources, personnel department or appropriate line of management. This may result in an amicable resolution which may simply have been as a result of a misunderstanding.
However, where an informal grievance has been unsuccessful or if it is inappropriate, an employee may raise a formal grievance documenting the problems. In response, an employer should hold a formal grievance meeting where the employee has the right to be accompanied, usually be a work colleague or a trade union representative. The employee should have the right to challenge the outcome decision and to be invited to an appeal meeting to discuss in further detail. The outcome of the appeal meeting will usually mark the end of the grievance process.
In some situations, a claim of constructive dismissal (in addition to any other relevant claim) could be issued at an employment tribunal. Such claims can be time sensitive and advice should be taken as soon as possible.
Can an employee enter into a Settlement Agreement?
In some situations, a Settlement Agreement could be an appropriate means of terminating employment without recourse to a formal process. A Settlement Agreement is a confidential document which will prevent an employee from pursuing their employment rights in return for a financial settlement. It is a legal requirement that an employee obtains advice on the Settlement Agreement and usual for there to be a contribution towards legal fees incurred in connection with it.
What can an employer do to reduce work related stress?
An employer has a duty of care to its employees. There are many means of reducing stress in the workplace, for example:
- Developing mental health awareness among employees and keeping it under periodic review
- Implementing a policy which promotes good mental health and how support can be provided
- Ensuring that employees have good working conditions and, where appropriate, opportunities of development are identified and progressed
- Providing training within management to recognise the potential signals of stress and how to address it
- Having reviews and appraisals which can identify potential problems
- Ensuring that procedures and lines of communication are in place so that stress related problems can be properly reported and acted upon
If you would like to discuss any of the issues in this blog, please contact us.
