Workplace stress: A legal and ethical imperative for employers

April marks Stress Awareness Month, a timely reminder for employers to address workplace stress, not just as a productivity concern but as a legal and ethical responsibility. Stress in the workplace can lead to burnout, reduced efficiency, and increased absenteeism. However, beyond these operational challenges, failing to address workplace stress may expose employers to legal risks too.

The legal implications of workplace stress

Under the Health and Safety at Work Act 1974, employers have a duty of care to ensure the health, safety, and welfare of their employees. This includes taking reasonable steps to mitigate workplace stress.

Additionally, the Equality Act 2010 protects employees from discrimination related to mental health conditions that may, depending on the circumstances, qualify as disabilities. Failing to make reasonable adjustments for employees with disabilities could result in claims alongside allegations of unlawful discrimination, constructive dismissal, or personal injury. Doing the right thing, in compliance with the rules, and documenting this, are key to being able to defend any claims or complaints that may be asserted against a business.

Common workplace stressors and employer responsibilities

Stress in the workplace can arise from multiple factors, including:

• Excessive workload and unrealistic deadlines
• Poor management and lack of support
• Unclear job roles and expectations
• Workplace bullying or harassment
• Job insecurity and organisational change

Employers should proactively identify and mitigate these possibilities. Risk assessments under the Management of Health and Safety at Work Regulations 1999 should include stress-related factors and ensure appropriate measures are in place.

Mitigating stress: Best practices for employers

To comply with employment law and foster a productive work environment, we recommend employers consider implementing the following amongst the range of steps that they may follow:

1. Conduct regular stress audits - Employers should assess workplace stress levels through employee surveys, one-on-one meetings, and risk assessments. Early identification helps prevent escalation.
2. Establish clear policies and procedures - Having a stress management policy ensures employees know their rights and where to seek support. A zero-tolerance policy on workplace bullying is also crucial.
3. Support employee well-being - Provide mental health training for managers to recognise signs of stress. Encourage a work-life balance, offering flexible work arrangements where possible. Implement Employee Assistance Programs (EAPs) for confidential mental health support.
4. Support employee well-being - Ensure reasonable adjustments are made where applicable and appropriate. For employees experiencing stress-related health conditions, employers should make reasonable adjustments where appropriate such as reduced workloads, additional breaks, or changes in responsibilities. Note that the duty under the Equality Act, where applicable, is to make “reasonable” as opposed to all/any changes and what is reasonable will depend on factors such as the size and resources of the organisation in question.
5. Foster a positive work culture - Encourage open communication about mental health without stigma. Recognise and reward employees for their efforts to reduce undue pressure. Promote team-building activities to enhance morale and collaboration.

Conclusion

Workplace stress is more than an HR challenge—it is a legal and ethical responsibility. Employers who fail to manage stress effectively risk not only employee dissatisfaction and turnover but also legal repercussions under UK employment law. By taking proactive steps, businesses can create a supportive work environment, reduce absenteeism, and enhance overall productivity—ensuring compliance while prioritising employee well-being.

At Tees, our Employment Law team can conduct a comprehensive audit of your HR systems to ensure they are fair, reasonable, and compliant with legal obligations. By reviewing workplace policies, risk assessments, and stress management procedures, we help safeguard employee well-being while protecting your business from potential legal risks. Our expert team can identify areas for improvement, implement best practices, and ensure your policies align with employment law standards—creating a healthier, more resilient workplace.

This Stress Awareness Month, take action to safeguard your workforce. A healthier workplace is a legally sound and more successful one.