Stress is a normal part of everyday life and can be a helpful response to a situation that alerts our mind to a risk or hazard. It can also be a useful motivator in the workplace. However, the UK Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to excessive pressures or other types of demands placed on them’. Excessive stress can lead to significant mental health problems if left unaddressed.

Stress at work can be caused by various factors, such as workload or overwork, management style, bullying and harassment, lack of consideration for disabilities, and non-work factors such as financial worries, bereavement, and life itself!

Your health should always be your top priority. It may be necessary to take some time off work to prioritise your mental health. You can consider raising your concerns with your employer to get some support, guidance, and help. Try speaking with a trusted manager or HR representative who can offer some support and guidance. Most companies now train their managers and HR representatives on mental health issues, so the hope is that you would be listened to and that they would suggest some options that can help and support you.

If you are struggling, particularly where issues have been ongoing for a long time, it can be challenging to speak up. However, it is essential that you seek out a trusted manager or HR representative who is there to help. It is common to find that most companies now train their managers and HR representatives on mental health issues, so the hope is that you will be listened to and that they will suggest some options that can help and support you.

Everyone has the right to work in an environment that is free from harm and to receive support from their employer in the event that there are issues of stress at work. If you have tried to speak with your employer and resolve the issues internally, but there are still issues, it may be appropriate to seek some legal advice. You can contact The Stress Solicitor to ask for specific advice on your situation.

If you have tried to speak with your employer and resolve the issues internally, but there are still issues, it may be appropriate to seek some legal advice. Everyone has the right to work in an environment that is free from harm and to receive support from their employer in the event that there are issues of stress at work.

There are two different areas of law that cover stress and wellbeing at work issues and the safety of employees while at work:

Employees can take a claim to an Employment Tribunal where they have been subjected to conduct causing stress at work, which is motivated by any of the following protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy or maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

If an employee has been bullied at work by reason of one of the above-listed protected characteristics, they have three months and one day to register an interest with ACAS for a compulsory mediation process called Early Conciliation.

For a discrimination claim under employment law, you do not need to have worked for your employer for any length of time. You can be discriminated against as early as day one or even before then, at the interview or application stage.

• In civil law, the employer owes the employee a duty of care to keep them safe at work and to carry out an assessment of risks which they may be exposed to at work. Once the employer is aware of an issue causing someone to suffer from stress at work, they are under a legal duty to act to help support them if they have the resources and options to do so.

A compensation claim can be made where an employer has failed in its duty of care following the reporting of the cause of the stress at work in the event that the failure has caused the employee to suffer stress to the extent that their mental health has been damaged; ordinarily, their symptoms would have to meet the clinical criteria for a recognized psychiatric diagnosis such as depression or PTSD.

The time limits for a civil claim for this type of claim are much longer than those for a discrimination claim in the Tribunal; the employee has three years from the date on which their symptoms become of clinical significance to take legal action in the County Courts.

Making this type of claim involves a three-month pre-litigation stage where the insurers of the employer consider an out-of-court settlement. Where settlement is not viable, county court proceedings are entered, and the claim is formalized against the employer.

For a claim under civil law, a duty of care arises from day one of your employment. Still, although you have some protection straight away, you must also make your employer aware that an issue at work is affecting your mental health before any legal responsibility on their part arises to help you by providing additional support or help.

It is always sensible to consider raising a formal complaint or grievance with your employer directly – if your health allows. You can speak to your union for help, ask a trusted colleague for advice, or get it online from ACAS and Citizens Advice. If you are struggling with your mental health due to issues of stress at work, your GP is there to help you with your health, and there are lots of options on the NHS for support with mental health. Additionally, you may have access to an employee assistance programme or a mental health first aid provider who can listen to you in confidence.

Your employer should listen to you and try to look at the options available to them to do their best to help. Employers are not legally required to take all possible steps or the exact steps you may specifically want them to, but they are required to consider what steps they can take both from a practical and financial point of view.

Employers are also not mind readers, so there is no legal obligation on them to do anything about a particular issue if they do not know about it. This is why communication and reporting issues at work that are causing stress are so important.

What should you do if you think your employer hasn't done what they should?

If you think your employer has not done what they should to support you with your work-related stress, you can get in touch with The Stress Solicitor to ask for specific legal advice.

Remember that you are never alone, and there is always someone available to help if you are struggling with your mental health. Your GP is there to help with general health advice, and they will be able to let you know what services are available in your area for help and support.

If you feel like you need urgent help, you can also contact one of the following organisations:

• Samaritans: Provides confidential emotional support for anyone who is experiencing feelings of distress or despair, including those that may lead to suicide. You can call them on 116 123 or email [email protected].
• Mind: Provides information and advice on a range of mental health topics. You can call the Mind Infoline on 0300 123 3393 or email [email protected].
• Mental Health Foundation: Provides information and support for anyone experiencing mental health problems. You can call their helpline on 020 7803 1101 or email [email protected].
• NHS: Provides free and confidential support for people experiencing mental health problems. You can access their services through your GP, by calling 111 or by visiting your local A&E department.

Remember that seeking help for your mental health is a sign of strength, not weakness. Don't suffer in silence – there are people and organizations out there that can help you.