The liability of employers for work stress

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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.