COVID-19 has not been kind to anybody. Many workers are have had to balance childcare, homeschooling and their workload from their kitchen tables rather than their offices. This has had a big impact on people’s mental health and has left a lot of people feeling more isolated than ever before.
The Health & Safety Executive has found that between 2019 and 2020 over 828,000 workers were suffering from work-related stress, depression or anxiety and over 17.9 million working days were lost as a result of this. AXA has also sanctioned research on the topic and found that nearly two thirds of those in the UK and Europe have said their work-related stress levels have increased during the pandemic.
The damage caused to individuals as a result of stress at work can be highly underrated, often because the effects are psychological rather than physical in nature and therefore not immediately recognisable. Work-related stress can cause numerous and serious health conditions such as: anxiety, depression, fatigue, sleeplessness, and headaches.
In the past, employees were apprehensive about lodging work-related stress claims due to outdated corporate culture. However, nowadays mental health is accepted as an important and valid aspect of a person’s wellbeing. If you are suffering the effects of work-related stress, then something should be done about it.
The two main pieces of legislation upon which a work-related stress claim is based are: The Health and Safety at Work Act 1974 which states employers have a duty to ensure, as far as is reasonably practicable, that their workplaces are safe and healthy. Employers must also take measures to control any risks that they identify.
Then the Management of Health and Safety at Work Regulations 1999 Management of Health and Safety at Work Regulations 1999 state that employers must carry out a workplace risk assessment to identify any potential risks. Any measures employers take to control the risks must be based on their assessment.
Depending on the circumstances of the claim the Equality Act 2010 Equality Act 2010 may also become relevant – this legislation deals with discrimination of several different sorts.
In order to prove a work-related stress claim, it must be established that the employee has a named psychiatric illness. It must then be proven that the employer has breached their duty of care towards their employee, that their working environment posed a risk of causing the illness and that the employer ought to have known the employee was exposed to the risk. In order to prove this foreseeability element of the claim employees often have to produce GP reports from their doctors showing they have been off work as a result of this illness before.
Causes of work-related stress
Employees can be stressed at work for innumerable reasons, however, some of the most common are:
- Bullying and harassment – both of which can take on many different forms in the workplace, whether it be racial, sexist, homophobic or religious, none of which are acceptable. The bullying can take place verbally or in writing and can place a great deal of stress on those it affects.
- Excessive workload – the press has reported in recent weeks that some employees have been charting 100-hour weeks. Asking employees to work longer hours, or have the expectation that they will do so, can place huge amounts of stress on those employees. When employers have unrealistic expectations of how much work an employee can get done in a set number of hours this can also result in stress-related illnesses. In order to rectify this situation, an employer should make reasonable adjustments to the employee’s workload, such as reallocating tasks, giving you extra supervision or in some cases reducing your working hours.
- Inadequate training – different disciplines require different skill sets. Employees, therefore, require to be trained in the job they are doing. Without said training often workers can feel overwhelmed, resulting in higher stress levels. This is likely to be more prevalent during the Covid 19 pandemic since most workforces are currently working from home. Often employees can feel isolated from their teams and overwhelmed to a greater extent than usual.
- Denial of rights – by law UK employees are entitled to a minimum amount of annual leave, breaks and rest periods. Denial thereof is not only illegal but can also contribute to an employee’s poor mental health.
What should I do if I am suffering from work-related stress?
If you are suffering from work-related stress, then the first step would be to attempt to resolve the situation informally. If this is ineffective then we would suggest contacting your HR department for a chat about matters. They are equipped to deal with incidents like this, however, if both interventions prove ineffective then you should send a formal complaint to your employer. This is an important step as it lays the foundations for a work-related stress claim. Without a formal complaint, your employer can counter your claim stating they were not aware that you were suffering work-related stress. This is why it is important to include in your formal complaint the reasons why you are stressed, how this is affecting your health and also your ability to perform at work. If this letter is ignored, then we would suggest contacting a solicitor to make a claim for work-related stress.
If you do decide to pursue a claim then you would be entitled to sue for the psychiatric injury it has caused, the loss of earnings you have sustained as a result of time off work and any treatment which has been recommended to heal your psychological injuries stemming from the work-related stress. We acted for a client who suffered significant mental health problems after he was subjected to bullying and harassment in his workplace. We were successful in settling his claim not only for the psychological injuries he suffered but also for his financial losses as a result of this.
Whether you are travelling to work or working from home during the pandemic there are new fears and anxiety surrounding this disease which can feel overwhelming at times. How individuals cope with these emotions can affect your well-being, the wellbeing of an office and more largely a community. It is therefore critical that we recognise stress and take steps to ask for help if required.
How we can help
If you have a matter you wish to discuss, please contact us on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away
