Posted By Paul Leadbetter None, surely although a caring employer might be expected to offer some help. Paul

Posted By Lorraine Shuker Ron ~ it hasn't up to now which is why I'm puzzled why it is being described as work related stress

Posted By Raymond Rapp Lorraine Tend to agree with the previous posting. The difficulty is separating the two issues of personal stress and work related stress. I would suggest that in many cases the two are inextricably linked. It is a potential 'mine field' and probably the best way to handle it is with a certain amount of compassion, otherwise it could come back and bite you. Regards Ray

Posted By David A Jones You imply that the cause of the stress has been determined - I assume this was in conjunction with the affected person. If this is the case then clearly the individual should now be aware and agree that it is not work that is the cause of the stress. However, as other posters have noted, if this has a knock on impact on performance you should obviously be concerned and also if work factors could compound the stress you should also be prepared to take action through the findings of a risk assessment.

Posted By Steve Cartwright You say in your post that the stress appears to be caused by personal life. If this is true then the employer has no obligation. What you have to be careful of is not to add to the stress this person is suffering from. You say this person is claiming it is work related. If this is true the person in question will need to inform their employer of what exactly is causing the stress so that the employer can do something about it. Too many people bring their problems to work and then expect the employer to do something about it. Regards All heart

Posted By Kieran J Duignan Lorraine If your assessment, as the 'competent person' is that 'all' the relevant stress factors are 'personal', legally your responsibility is to record this as the basis for your management of the employee's level of safety. If you make an analogy with an employee who claims he was poisoned at work, unless you have appropriate specialist qualificiations, it may well be most cost-effective to ask an appropriate specialist to put his or her name to the legal basis for managing the risks arising. The issue essentially boils down to a matter of assessment of yourself and your company directors. Para. 13 of the ACoP for the HSC Management of Health and Safety at Work Regs 1999 qualifies this by indicating that you should consult a specialist if the risk is 'intermediate' and beyond your ken. In that instance, the most relevant professional is a chartered occupational psychologist who is also a CMIOSH with specialist experience in work-related stress or a very, very rare species a psychiatrist who is also a Fellow of the Society of Occupational Medicine. (Other doctors qualified in occupational medicine tend to decline to make a formal assessment of occupational stress).