By Muchie Shamuyarira (HR & Industrial Relations Director in the UK).
London, England. (News of The South) – Your employer has a duty of care to consider the impact of stress in the workplace. Where this hasn’t happened and your mental or physical health has suffered as a result, you may be able to claim stress at work compensation.
Can I claim compensation for stress at work?
Workplace stress can have serious effects on your health and wellbeing. It can lead to feelings of anxiety and fatigue, weight loss, persistent headaches, loss of appetite and sleeplessness; potentially sending you into a downward spiral of depression.
Where workplace stress is adversely affecting your physical and mental wellbeing, you might perhaps see it as a sign of weakness to mention it to your employer in case it impinges on your future prospects in the company. However, in this day and age, you no longer have to accept the old-fashioned advice to ‘man up’ when you’re suffering from the effects of stress.
Instead, you should talk to your employer about it, in order to find ways to manage the effects of stress before they can do irreparable damage to your health and wellbeing. There is a legal requirement for companies in the UK to undertake risk assessments to minimise the risk of stress-induced illness or injury to employees.
Responsible employers including the NHS will therefore help you take steps to ensure that the root causes of your stress are resolved. Where your employer is unwilling to do so, you may be entitled to claim compensation for work-related stress.
Possible contributory factors to work related stress
It may be that the culture and working practices in your workplace are causing you excessive stress, including:
• Bullying and harassment: Many workplaces have a robust and macho culture in which discriminatory remarks, abusive language and even threatening behaviour are the norm
• Excessive workload and improper training: Staff shortages leading to excessive work/caseloads coupled with inadequate training, many workers can feel overwhelmed by the demands of their job, leading to feelings of stress and anxiety (more prevalent in NHS due to rota gaps, Social Work in Councils, etc)
• Denial of rights: Rights to regular breaks, rest periods, adequate time between shifts, days off and paid leave are enshrined in employment law. Where these rights are denied, workers can often feel worn down and stressed
What should my employer do if I am suffering from stress?
If you are suffering from stress at work, and it has started to affect your health and wellbeing, you should talk to your GP and your employer to discuss ways of relieving your stress before it becomes a more serious issue.
Following this, it’s possible that your GP will suggest reasonable adjustments to your duties or work patterns that may help you to manage the stress you are suffering. Particularly in cases where you are suffering from depression or another stress-related condition, your condition may amount to a disability and so your employer may have a duty of care to make reasonable adjustments such as:
• Re-allocation of excessive work
• Extra supervision or support
• Reduced working hours, flexible working
• Confidential counselling
If you are suffering from stress at work and you believe that your employer is failing in their duty of care towards you, consider seeking legal advice about starting a workplace stress compensation claim.
Muchie Shamuyarira (Chartered Member of CIPD – UK)
HR & Industrial Relations Director and also Employment Law Consultant in the UK
Mobile: +44 77 2385 4713 or +44 73 6817 5771 or Email: muchie@employment-rights.com
Employment Rights Services website: www.employment-rights.com
Disclaimer: This article is written in a personal capacity. It is not intended either as a substitute for professional advice, judgment or to provide legal or other advice with respect to particular circumstances.
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