>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.
This month's question:
What are the legal obligations for employers in addressing work-related stress in Northern Ireland?
Employers in Northern Ireland have several legal obligations when addressing work-related stress. Under common law, employers owe a duty of care to their employees, which includes providing a safe place and system of work. This duty extends to taking care of employees' mental health, and failure to do so may result in a breach of duty of care. Employers are encouraged to implement policies to manage stress in the workplace, which may include specific procedures for addressing stress-related issues.
Additionally, employers must comply with the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 and conduct a 'suitable and sufficient' risk assessment which identifies risks to employees' health and safety, including work-related stressors. Employers with five or more employees must record the significant findings of these assessments and identify any groups of employees at particular risk. The Tribunal has advised that a risk assessment should consider the particular risks associated with the employee's job in the context of the premises where that job is being done.
The Health and Safety Executive (HSE) outlines six key areas of work that can lead to work-related stress if not properly managed:
- Demands- example; workload, work patterns.
- Control- example; how much input the individual has in the decision making that affects the way they do their work.
- Support- example; encouragement, sponsorship and resources provided by the organisation.
- Relationships- example; conflict, bullying, low-levels of trust.
- Role- example; whether people understand their role and responsibilities within the organisation and whether the organisation ensures that they do not have conflicting roles.
- Change- example; how organisational change (large and small) is managed and communicated in the organisation.
This article was contributed by the Employment team at Arthur Cox LLP
Telephone: +44 28 9023 0007
Website: https://www.arthurcox.com/
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