Posted By Eric Burt Following a recent EMAS audit regarding stress, I am currently revising our stress policy and stress risk assessments. Does anyone have a stress policy that they would be willing to share with me and an example of the format for stress risk assessments? I was also wondering if anyone uses their staff appraisal scheme whereby all the factors that may cause stress at work are discussed. This would therefore satisfy the requirement to assess the risk of work-related stress. I note that the House of Lords has confirmed the Court of Appeal ruling in the Hatton v Sutherland case a couple of weeks ago when they heard the case of Barber v Somerset CC. Mr Barber was one of the Hatton 4, and although the Lords reinstated Mr Barbers award (albeit reduced) they confirmed the principles set down by the Appeal Court in Hatton v Sutherland. On a slightly different note, I was also interested to read the case of Brian Farmiloe v Lane Group plc and North Somerset Council. (This was a DDA case) Brian Farmiloe was a warehouse worker who was required to wear protective footwear (as required by the company’s risk assessment and under the PPE Regulations 1992). He had a skin condition which meant he could not do so, therefore the company dismissed him (after trying very hard to try and find suitable alternative footwear). He took his claim for discrimination under DDA to an Employment Tribunal and won, but the decision was overturned at appeal. The ET ruled that the company should have balanced the risk of him not wearing PPE against the risk of him losing his job. The EAT disagreed and ruled that there was no requirement in the PPE Regs for this balance to be made. Brian Farmiloe has taken 2 claims, one for discrimination (as above) and one for unfair dismissal. We are still awaiting the results of the unfair dismissal case. The principal established in this case is that the employer has obligations under employment law to consider reasonable adjustments and / or alternative employment. However, when all alternatives have been exhausted, there is an over-riding obligation on the employer to comply with health and safety law (statute law), which may necessitate dismissal in order to protect that employee from risks to his health and safety. I wonder what Lord Robens would make of all this now...!! Thanks Eric