WORK-RELATED STRESS. Woodland Psychological Services Ltd. White Paper

Transcription

1 WORK-RELATED STRESS Woodland Psychological Services Ltd White Paper

2 Woodland Psychological Services Ltd 2015 First Published August Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be reproduced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or in the case or reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licencing Agency. Inquiries concerning reproduction outside those terms should be sent to 1 Woodland Psychological Services Ltd

3 Contents Introduction... 3 Legislation... 4 Stress-at-Work Legislation... 4 The Health and Safety at Work Act Equality Act Management of Health and Safety at Work Regulations Employer s responsibilities... 7 The Management Standards... 7 Work-related stress management cycle:... 7 When things go wrong... 8 How do I stop things from going wrong?... 9 References Woodland Psychological Services Ltd

4 Introduction Stress is: The adverse reaction people have to excessive pressures or other types of demand, or a situation where demands on a person exceed that person s resources or ability to cope. Health and Safety Executive, 2004 Before moving forward it is important to understand that stress exits in all professions, across the globe and has done for many years. Over the past 50 years workplace pressures have changed from ones which caused undue strain on our physical bodies, to ones which are now more likely to cause undue strain on our mental health. Stress is something which can have drastic consequences on an individual s physical and mental health, and if left unsupported in the workplace that individual will struggle. Their struggle often leads to something more detrimental and many who suffer from work-related stress go onto develop clinically significant mental health difficulties such as anxiety, or depression. By not tackling stress within the workplace employers are not just ignoring the problem, but more often than not perpetuating the issue. Not only is it possible to support an individual in the workplace with work-related stress, it is required of all employers by law (HSWA, 1974). It is often true that companies, have robust policies and procedures in place to safeguard their employees against physical harm - but mental harm? While most health and safety policies cover stress, and good companies have separate stress policies, very few tackle the difficulty head on with strategic training delivered to supervisors, team leaders and managers which are designed to incorporate stress management strategies into their everyday leadership style. This white paper will set out the foundations of the legislation behind stress, the employer s responsibilities, what happens when things go wrong, and how to ensure your company is protected 1. 1 Your company can never be fully protected against problems that arise. However, the information in this white paper is intended to help guide you in the right direction, and prepare you as best as possible in the event of difficulties arising due to work-related stress in the workplace. 3 Woodland Psychological Services Ltd

5 Legislation Most companies have robust policies, and procedures in place for inducting their employees into the company. However, they often fall down on the interpretation; believing that physical health assessments such as manual handling take precedence. Whilst physical health assessments are extremely important, employers also have a legal duty of care to their employee s mental health, and a number of legislations specify responsibilities in regards to stress-at-work. Stress-at-Work Legislation The Health and Safety at Work Act 1974 The Equalities Act 2010 Management of Health and Safety at Work Regulations 1999 The Health and Safety at Work Act 1974 The HSWA 2 (1974), is the primary piece of legislation which covers health and safety within the workplace in Great Britain. The Health and Safety Executive (HAS), Local Authorities and others are responsible for enforcing the HSAW and ensuring all businesses regardless of size 3 are compliant. The HSWA clearly states that: It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees. HSWA (1974: S2.1) It is important to note that so far as reasonably practicable... allows employers flexibility. This protects employers from having to make changes which can be seen to be technically impossible, or if the time/cost of implementing any changes are drastically disproportionate to the risk. However, by not stipulating the type of health this statement was designed to encompass both physical and mental health. The umbrella term of health which could theoretically be taken out of context is made explicit further on in the act: any person (including any disease and any impairment of a person s physical or mental condition). HSWA (1974: S47.6) 2 The Health and Safety at Work Act (1974) can be referred to in a number of different ways depending on the documents author. It is important to know all the acronyms, and understand that they all relate to the same piece of legislation. The Act, is also known as: the HSWA; the HSW Act; the 1974 Act; or HASAWA. For the purpose of this document we will use the term HSWA. 3 All businesses are bound by the HSWA, although there are different provisos for those which are very small (under 5 employees), or those which are particularly hazardous. 4 Woodland Psychological Services Ltd

6 Equality Act 2010 This Act came into force in October 2010, and was designed to provide a single legal framework with clear and concise guidance on how to tackle disadvantage, and discrimination effectively. It is discriminatory to treat anyone unfavourably because of their disability, or because of something which is connected to their disability. Importantly this is unlawful whether the employer knows, or could reasonably be expected to know that the individual has a disability. The inclusion of the statement reasonably expected to know is critical in the case of mental health difficulties as most are not externally 4 obvious. The Equality Act (2010) states: A person (P) has a disability if- P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on P s ability to carry out normal day-to-day activities It is important to understand that: Equalities Act (2010: S6.1) Substantial refers to something which is more than minor or trivial; e.g., it taking twice as long to leave the house because of returning multiple times to check the cooker or lights are switched off. Long-Term in legal terms relates to a condition which occurs for at least 12 months. There are specific regulations which deal with recurring or fluctuating difficulties such as depression, multiple sclerosis, asthma or anxiety. The Act states that, if an impairment has had a substantial adverse effect on a person s ability to carry out normal day-today activities but that effect ceases, the substantial effect is treated as continuing if it is likely to recur. (In deciding whether a person has had a disability in the past, the question is whether a substantial adverse effect has in fact recurred). Conditions with effects which recur only sporadically or for short periods can still qualify as impairments for the purposes of the Act (HM Government, 2011, p. 29.c5) It is clear that just because an individual is suffering sporadically from a physical or mental health difficulty, they should not be penalised and therefore reasonable adjustments should be made to ensure they are not unlawfully discriminated against. 4 Most mental health difficulties are diagnosed based on a classification of symptoms which concentrate on external behaviours. It is therefore crucial employers have a basic understanding of mental health difficulties. 5 Woodland Psychological Services Ltd

7 Management of Health and Safety at Work Regulations 1999 These regulations 5 focus on the role of risk assessment, and this should be undertaken with all potential risks to health both physical and mental. The regulations are more explicit than the HSWA and lay out specific requirements which all employers need to carry out in order to manage health and safety in their workplace. All employers are required to carry out risk assessments, however only employers with over 5 employees are required to record the results of these assessments. That is not to say that smaller employers should not record the assessments, the findings, and subsequent actions taken. The complexity of the risk assessment depends on the workplace, and should reflect the seriousness of the proposed hazard. E.g., a risk assessment in an office can be relatively simple, whereas one in a chemical plant should be more in depth. The Management Standards for Stress provided as part of this regulation set out guidance and a framework within which employers are to abide in order to assess, and manage work-related stress. The Standards cover 6 key areas, which if are associated with poor health and well-being, lower productivity and increased sickness absence. 6 Primary Sources of Stress-at-Work 1. Demands: the demands placed on an employee by an employer proportionate to their role e.g., workload, work patterns and work environment 2. Control: the extent to which people have a say in what they do at work 3. Support: the level of support afforded the employee by others in the organisation e.g., manager, colleagues, resources 4. Relationships: the working relationships of the employee and others in the organisation e.g., positive relationships which work to avoid conflict and unacceptable behaviours 5. Role: the extent to which an employee understands their role, and ensuring that they are not carrying out conflicting roles 6. Change: the successfulness of the organisation to implement change (large or small), and the effectiveness to communicate, and manage this change to those in the organisation 5 Employers are legally bound by regulations they are not guidance. Although in most instances they do not set out step-by-step instructions on how to manage a risk, there is clear guidance on the desired outcome. Certain risks are so great that specific actions are prescribed and the qualification of reasonably practicable does not stand. 6 Woodland Psychological Services Ltd

8 Employer s responsibilities Employers have a duty of care to their employees, and the legal justification for providing robust stress management strategies were provided in the previous section. The following section briefly sets out some basic guidance for employers. The HSWA gives clear guidance on the employer s responsibilities, and how to ensure the safety of their employees whilst at work: the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees HSWA (1974: S2.2.a) The Management Standards The Management of Health and Safety at Work Regulations (MHSWR) (1999) lay out a set of management standards which are best thought of as a set conditions that if present in a workplace they will showcase high levels of well-being, and organisational performance. 1. Demonstrates good practice through a step-by-step risk assessment approach 2. Allows a true assessment of the current situation within the organisation by using surveys, audits, focus groups, interviews, and other techniques 3. Promotes active discussion between employees, and encourages a partnership between employees and the organisation to decide on practical improvements to the work environment 4. Simplifies stress-related risk assessment by: a. Identifying the main risk factors b. Helping employers focus on the underlying causes and prevention c. Provides a yardstick by which organisations can gain an understanding of their own performance in tackling the key causes of stress Work-related stress management cycle: The MHSWR (1999) also sets out a 5-step process which is based upon the fundamental principles found in the Management Standards. At Woodland Psychological Services Ltd, we believe this should not be thought of as a prescriptive process, instead it needs to be seen as a continuous cycle (Figure 1). By doing so you will ensure that the 5-steps are not undertaken, and then forgotten about which would undoubtedly leave employees at risk of developing future harm. Monitor the situation Evaluate Implement action plans Identify the risks Assess the risks Figure 1: Work-related stress management cycle 7 Woodland Psychological Services Ltd

9 When things go wrong Most legislation is in place to protect both the employer from undue accusations, and employee s from harm. However, in some instances things go wrong. Employees who feel as though they have been treated unfairly by their employer are within their human rights to take their employer to court, or to an employment tribunal in order to seek compensation. Individuals who are seeking compensation from their employer are likely to pursue one of four courses: 1. Personal injury or negligence claim for damages 2. Constructive dismissal claim 3. Disability discrimination claim 4. Bullying or harassment claim All four can be equally damaging for the reputation of the business. Although it is the employee s responsibility to inform the employer of any undue pressure which is causing stress within the workplace, it is also the employer s duty to recognise any behavioural change. Over the past few years ex-employees have successfully taken employers to court/tribunal because of work-related stress. It is important to confirm that all your policies, procedures and insurances are correct, and follow the letter of the law. 8 Woodland Psychological Services Ltd

10 How do I stop things from going wrong? In order to protect both the employer, and the employee from costly tribunals or court appearances it is highly recommended that organisations have robust health and safety regulations in place, which incorporate all of the 5-steps of the work-related stress cycle. The policy should also specify a clear proactive approach to stress reduction strategies which includes continued professional development (CPD) and training. To ensure any training that managers, and/or senior teams undertake are effective when integrated into the workplace, they will need to have excellent professional relationships with their employees. Without this it is extremely unlikely that any necessary changes will assimilate easily, and during the assessment stage the true reason for any workrelated issues will remain hidden. Evidence suggests that if the management team are not the driving force behind change in this area, interventions are statistically likely to fail. Shouldn t you benefit from having highly effective and trained management teams in your business to help combat work-related stress? At Woodland Psychological Services Ltd we offer psychoeducational ½ day training courses to businesses of all sizes. The courses are specifically designed to develop managers, and/or senior team members understanding of work-related stress, whilst building key skills. By delivering a dual process training package managers are able to utilise what is taught and effectively assimilate their new techniques into the workplace. All our courses are CPD certified, and can be delivered in house, or at a suitably located conference centre. For businesses which are highly specialised, we offer a wraparound mentoring service which enables us to support your teams in the effective delivery of real world stress-busting strategies. To find out more us on: info@woodlandpsychologicalservices.com or call us today on to book your free, no obligation consultation with one of our specialist trainers. 9 Woodland Psychological Services Ltd

11 References Citizens Advice. (n.d.). Personal injuries. Retrieved August 11, 2015, from Citizens Advice: Disability Discrimination Act (1995). Retrieved August 11, 2015, from legislation.gov.uk: Donaldson-Feider, E., Yarker, J., & Lewis, R. (2011). Preventing Stress in Organizations. Chichester: John Wiley & Sons Ltd. Equality Act (2010). Retrieved August 11, 2015, from legislation.gov.uk: Evans, D., Mallet, L., Flahault, A., Cothereau, C., Velazquez, S., Capron, L., & Lejoyeux, M. (2013). The importance of both workplace and private life factors in psychological distress: a large crosssectional survey of French railway company employees. Social Psychiatry And Psychiatric Epidemiology, 48(8), doi: /s Furber, C. M., Garrod, D., Maloney, E., Lovell, K., & McGowan, L. (2009). A qualitative study of mild to moderate psychological distress. International Jounal of Nursing Studies, 46, doi: /j.ijnurstu Health and Safety at Work etc. Act (1974). Retrieved August 11, 2015, from legislation.gov.uk: HM Government. (2011). Equality Act 2010: Guidance. Office for Disability Issues. London: Crown Copyright. Retrieved August 11, 2015, from ty-definition.pdf HSE. (2003, August). Health and Safety regulation... a short guide. Retrieved August 11, 2015, from Health and Safety Executive: HSE. (2011, January 04). Legal requirement. Retrieved August 11, 2015, from Health and safety executive: HSE. (2012, December 05). What are the Management Standards. Retrieved August 11, 2015, from Health and Safety Executive: HSE. (2014, August 28). Health and safety training: A brief guide. Retrieved August 11, 2015, from Health and Safety Executive: HSE. (2015, April 13). Health and Safety at Work etc Act Retrieved August 11, 2015, from Health and Safety Executive: HSE. (2015, June 8). Provide training and information. Retrieved August 11, 2015, from Health and Safety Executive: HSE. (2015, February 12). The law. Retrieved August 11, 2015, from Health and Safety Executive: Wang, J., Smailes, E., Sareen, J., Schmitz, N., Fick, G., & Patten, S. (2012). Three job-related stress models and depression: a population-based study. Social Psychiatry And Psychiatric Epidemiology, 47(2), doi: /s Woodland Psychological Services Ltd

12 Registered Company Address: Woodland Psychological Services Ltd 88 Stafford Road, Wrockwardine Wood, Telford, Shropshire, TF2 6JU England Registered Company Number: Woodland Psychological Services Ltd