Employment Law SOS: Managing stress in the workplace
1 min read
Q We have an employee who recently returned to work after two months off with work-related stress. We agreed a phased return to work, but during this time he alleged that his manager was attempting to unilaterally change his duties and he has now gone off sick again. How should we manage this situation and what are the legal risks?
Managing stress in the workplace is a particularly challenging issue as the employer's legal duties and liabilities in relation to stress are derived from a wide range of sources from across health and safety legislation, statutory provisions in relation to discrimination, harassment and unfair dismissal, as well as common law torts and personal injury claims.
Research demonstrates that managing an employee's safe return to work as soon as possible is the key to reducing the risk of further, longer-term absences. In this instance, it would appear that an attempt to facilitate an early phased return has derailed.
It is important to investigate what went wrong. Was there simply a misunderstanding, or did the employer's manager act inappropriately? People returning to work after being off with stress often prefer a period of stability. If changes are unavoidable, or even made with the benefit of the employee in mind, the employee should be fully involved and consulted about such proposed changes. You should also ensure that, if you are enforcing any change, you are contractually entitled to do so.
Recognised good practice when dealing with stress absence cases emphasises the importance of keeping the situation under close review and maintaining regular contact with the employee. This will probably involve liaising with the employee's GP. If you have access to occupational health support, you should involve them as soon as possible. This is particularly the case if you suspect that there might be an underlying condition affecting the employee's susceptibility to stress.
If your employee is suffering from a 'disability' for the purposes of the Equality Act 2010 (a physical or mental impairment that has a substantial and long-term negative effect on his ability to do normal daily activities), then you will be under a legal obligation to make 'reasonable adjustments' to ensure he is not at a disadvantage compared to non-disabled employees. Failure to do so will expose you to a claim of disability discrimination.
