8.2 Identification and control, legal duties and standards

Question 1

There are several different types of information or data that can be used to help
identify, in broad terms, whether work-related stress is a potential problem and,
if so, which employees might be at risk. These can be broadly categorised as: 4

Answer 1

 existing sources of information available within the organisation
 surveys
 other ways of obtaining information about groups
 other initiatives.

Question 2

Existing sources of information

The following information may be useful in identifying work-related stress ‘hot-
spots’

Answer 2

Sickness
absence
data

Productivity
data

Staff
turnover

Performance
appraisal

Team
meetings

Informal
talks

‘Walk-
throughs’
and ‘talk-
throughs’

Question 3

Other ways of obtaining information about groups 2

Answer 3

Toolbox
talks

Focus
groups

Question 4

Preliminary analysis

All available data should be systematically analysed to establish where the
organisation is in terms of performance against the Management Standards
‘states to be achieved’ or other benchmarks.

A preliminary report should: 5

Answer 4

 Identify any areas of current good practice.
 Identify areas where the organisation appears to be performing less well.
 Compare the current level of performance against the ‘states to be
achieved’ or other benchmarks.
 Identify areas of good practice to build on.
 Identify appropriate actions to take to close the gap between the current
state and the target state.

Question 5

The HSE’s Management Standards define the characteristics of an organisation
where the risks from work-related stress are being effectively managed. The
standards cover six primary sources of stress at work: 6

Answer 5

 Demands – issues related to workload, work patterns and the work
environment.
 Control – how much say the person has in the way they do their work.
 Support – levels of encouragement, sponsorship and resources provided
by the organisation, line management and colleagues.
 Relationships – promoting positive working to avoid conflict and dealing
with unacceptable behaviour.
 Role – whether people understand their role within the organisation and
whether the organisation ensures they do not have conflicting roles.
 Change – how organisational change is managed and communicated in the
organisation.

Question 6

Desirable conditions Demands 4

Answer 6

 Realistic and achievable demands for
the agreed hours of work.
 Skills and abilities are matched to the
job demands.
 Jobs are designed to be within the
capabilities of employees.
 Employees’ concerns about their work
environment are addressed.

Question 7

Desirable conditions Control 5

Answer 7

  Employees have control over their pace 
of work. 
  Employees are encouraged to use their 
skills and initiative. 
  The  organisation  encourages 
employees  are  encouraged  to  develop 
new  skills  and  undertake  new 
challenges. 
  Employees  have  a  say  over  when 
breaks can be taken. 
  Employees  are  consulted  over  their 
work patterns.

Question 8

Desirable conditions Support 6

Answer 8

  Policies and procedures are in place to 
adequately support employees. 
  Systems  enable  and  encourage 
managers to support their staff. 
  Systems  enable  and  encourage 
employees to support their colleagues. 
  Employees  know  what  support  is 
available and how to access it. 
  Employees  know  how  to  access 
resources to do their job. 
  Employees  receive  regular  and 
constructive feedback.

Question 9

Desirable conditions Relationships 5

Answer 9

 The organisation promotes positive
behaviours at work to avoid conflict and
ensure fairness.
 Employees share information relevant to their
work.
 Policies and procedures are in place to
prevent or resolve unacceptable behaviour.
 Systems enable and encourage managers to
deal with unacceptable behaviour.
 Systems enable and encourage employees to
report unacceptable behaviour.

Question 10

Desirable conditions Role 4

Answer 10

 The organisation ensures that the different
requirements it places upon employees are
compatible.
 Employees are clearly informed of their role
and responsibilities.
 The organisation ensures that, as far as
possible, the requirements it places upon
employees are clear.
 Employees are able to raise concerns about
any uncertainties or conflicts they regarding
role or responsibilities.

Question 11

Desirable conditions Change 5

Answer 11

 Timely information is provided to enable
employees to understand the reasons for
proposed changes.
 Employees are adequately consulted on
changes and given opportunities to influence
proposals.
 Employees are aware of the probable impact
of any changes to their jobs and given
necessary support and training to adapt.
 Employees are aware of timetables for
changes.
 Employees have access to relevant support
during changes.

Question 12

The main focus of the Management Standards approach is on issues that are
likely to be potential sources of stress for groups of employees. There is still a
need to address the needs of individual workers whose experiences may be
different to that of the group. This may involve:

Answer 12

 Creating an environment of open communication where employees are
encouraged to talk, both formally and informally, to managers.
 Reminding employees that issues can also be raised via health and safety
representatives, or human resources personnel.
 Encouraging employees to seek medical advice if concerned about their
health.
 Mentoring and other forms of co-worker support.
 Provision of counselling services.

Question 13

A well-managed early return-to-work will reduce the risk of a stress related
absence becoming long-term (more than one month). This is important as
people generally find it more difficult to return to work after a long-term
absence.

Good practice in managing an early return to work requires the following
actions: 5

Answer 13

(1) Keeping in regular contact with the employee helps to keep work on their
agenda and offers good opportunities to plan the return to work.
(2) Reviewing the situation - the employee should regularly review their
situation with their GP.
(3) Return to work discussions to help to identify reasons for the absence and
what adjustments the manager may need to make. A structured
questionnaire addressing the management standards and domestic / other
non-work related pressures is helpful in identifying key issues.
(4) Staged returns such as working part-time hours for the first few weeks
can help to ease the employee back into their work.
(5) Reasonable adjustments to reduce the pressure of work over the short-
term may also help the employee when they return, for example:
- temporary reduction in workload
- temporary adaptations and/or changes to the job
- a review may clarify the aims of the job and the tasks they are expected
to complete.

Question 14

Petch v HM
Commissioners of
Customs and
Excise 1991

Answer 14

  Petch  lost  his  case  –  his  employers  were 
considered to have acted reasonably. 
  The case established that the 
employers’  duty  of  care  to 
their  employees  covered 
psychological  wellbeing  as 
well as physical wellbeing.

Question 15

Walker v
Northumberland
County Council
1995

Answer 15

  Confirmed  that  ordinary 
principles  of  tortuous  liability 
apply  and  the  employer’s 
duty  of  care  extends  to 
protection  against  psychiatric 
as well as physical injury.

Question 16

Sutherland v

Hatton 2002

Answer 16

 Signs of stress in a worker must be obvious to the
employer for the worker to succeed.
 Provision of a confidential counselling service is
likely to be a complete defence.
 An employer can usually assume that an employee
can withstand normal job pressures.
 The onus is normally on the worker to complain
about stress or bring it to the attention of the
employer.
 There is no breach of duty in allowing
a willing worker to continue in a
stressful job.
 The employer has a duty to be pro-
active and not merely re-active.

Question 17

Barber v
Somerset
County Council
2004

Answer 17

 The employer should at least make ‘sympathetic
enquiries’ and consider what could be done to help.
 Ordinarily an employer may assume
that employees are up to their job but
a duty may arise if steps that could
be taken to assist an employee who
is having difficulty coping are not
taken.

Question 18

Intel v Daw 2007

Answer 18

  Daw  won  the  case  despite  Intel  offering  free 
counselling  to  staff  who  felt 
stressed.  
  A  counselling  service  alone  was 
of little or no help as it could not 
reduce the workload.