Research from TWM Solicitors has found there were 1,185 Employment Tribunal cases relating to stress in the workplace in the last year. Analysis of 9,850 Employment Tribunal cases that reached a final judgment last year shows that stress was a contributing factor in approximately 12 per cent of cases.
Many of these cases involve former employees claiming unfair dismissal where stress was cited, and stress commonly causes poor performance at work. Many stress-related cases are also disability discrimination claims, in which the employee alleges they have been discriminated against by their employer.
Oliver Milton, Solicitor and employment law specialist at TWM Solicitors says that the weakness of the UK economy may be contributing to such high numbers of stress-related tribunal claims.
Oliver explains that when businesses cut staff to save costs, the additional work often falls on remaining employees. If employees struggle with that additional workload and the resulting stress, their performance may suffer. Equally, during difficult economic times, personal pressures can result in stress that effects their competence in the workplace. TWM says that employers often respond to a stress-related drop in performance by performance managing and, in some cases, ultimately dismissing the employee without properly addressing the cause.
High stress levels in the workplace are also thought to contribute to higher staff turnover, reduced morale, and lower productivity. This can create a cycle where remaining employees face even greater pressures.
“By recognising the early signs of employee stress and providing adequate support, employers can reduce the likelihood of facing costly Employment Tribunal disputes,” Milton says. “Employee stress and burnout are becoming increasingly common, and many employers are beginning to encounter staff affected by long-term work-related stress. While some employers respond appropriately, others fail to properly notice when stress becomes a persistent issue for an employee, which is often where problems arise.”
With many businesses continuing to reduce staff in response to a slow-growing economy and rising costs, the risk of stress-related legal disputes is likely to remain high.
Oliver warns that it can even be considered a disability when stress has a substantial effect on a person’s normal day-to-day activities and has, or will likely, last for a period of 12 months or more or could recur. In this case, employers are required to make reasonable adjustments, such as reducing workloads, adjusting targets, or providing extra support. Failure to do so can expose employers to disability discrimination and unfair dismissal claims.
