Hi,

Is anyone aware of any cases in the UK where an employer has been prosecuted for failing to manage stress? I have been unable to find anything specifically except where stress has been cited along with other offences (as a secondary offence etc).

Many thanks

Hi griffo

there are some but you have to dig to find them. Mainly from employment tribunals, but some go to appeal tribunals and rarely some get to the court of appeal and house of lords. Have a look at

http://www.workstress.net/con04/Thompsons.doc

http://www.bullyonline.org/action/caselaw.htm

http://www.personneltoda...work-induced-stress.html

might be worth looking at any databases in workplacelaw and emplaw if you can get access.


cheers

Martin

But aren't these examples compensation claims and not prosecutions?

Hi,
As far as I am aware there have been no actual prosecutions for failing to manage Stress. But in 2003 West Dorset NHS Trust had an improvement notice issued relating to workplace stress. This was the first time that work related stress had been subject to potential criminal proceddings.

Chris

If you search the HSE enforcement databases - http://www.hse.gov.uk/enforce/prosecutions.htm - (eg searching for 'stress' in the summaries) you'll find several INs where stress was a factor.

The prosecutions database also lists one. It involves violence and lone working but makes reference to there being considerable stress to staff involved in the 'incident'. (see Case No. 2017030 http://www.hse.gov.uk/pr...asp?SF=CN&SV=2017030)

The summaries are not very helpful but it might be worth speaking to the organisations h&s adviser, who'll probably share information).

I met the HR Director whose organisation was served with first Improvement Notice for stress; West Dorset Hospitals NHS Trust. He had been in the job for six weeks as I recall when HSE walked through the door with the notice, so none of it was anything to do with anything he had or had not done. He'd been our HR Director immediately prior to that, so me and my boss at the time went to visit him when we were writing out Workplace Wellbeing documents (don't blame me, that was yet another HR Director).

He was very clear that the whole experience was very stressful (!), exhausting and all-embracing. He spent about 6 months doing nothing but stress in order to abide by the terms of the notice and avoid possible prosecution. The Trust sorted it all out, but it would have been much easier to have dealt with what were initially small matters before an aggrieved workforce took their concerns directly to the HSE.

Just consider how much it must have cost them in time and effort, if nothing else.

Not a prosecution, I know, but a direct illustration of the impact of failing to comply with the Management Regs as applied to workplace stress,

John