In this article, Radhika Saujani (a solicitor within Weightmans’ specialist Health & Safety team) explores what workplace stress is, why it is significant, when the HSE may get involved and what employers can do to reduce the risk of prosecution.
Work-related stress has become one of the most substantial issues facing workplaces today. With increasing workloads, tight deadlines and complex working environments, many employees are feeling the pressure. In fact, work-related stress is now one of the most commonly reported causes of sickness absence in the UK. The Health and Safety Executive (HSE) released statistics from 2023/24 which demonstrated, “776,000 workers reported suffering from work-related stress, depression or anxiety. This accounted for nearly half of all self-reported work-related ill health and led to an estimated 16.4 million working days lost over the same period”.
Most employers understand that stress is a genuine health concern. What many do not realise is that failing to manage workplace stress can lead to legal consequences, including the possibility of investigation or even a prosecution by the HSE.
In this article, Radhika Saujani (a solicitor within Weightmans’ specialist Health & Safety team) explores what workplace stress is, why it is significant, when the HSE may get involved and what employers can do to reduce the risk of prosecution.
Most employers understand that stress is a genuine health concern. What many do not realise is that failing to manage workplace stress can lead to legal consequences, including the possibility of investigation or even a prosecution by the HSE.
In this article, Radhika Saujani (a solicitor within Weightmans’ specialist Health & Safety team) explores what workplace stress is, why it is significant, when the HSE may get involved and what employers can do to reduce the risk of prosecution.
Understanding your legal duty as an employer
In the UK, employers are required to protect the health, safety and welfare of their employees. This includes both physical and mental health.
Mental health concerns can often be harder to recognise than physical injuries. Unlike a broken bone or visible wound, work-related stress, anxiety or depression may not present obvious signs. The specific causes or risk to mental health can be more difficult to identify and employees may continue working whilst struggling internally, making it easier to overlook any issues or concerns. To combat these challenges, employers need to be proactive and attentive, listen to their staff, monitor behaviour patterns and sudden changes, and create an environment where concerns can be raised without stigma. Taking the time to identify these less obvious risks is an essential part of meeting legal obligations to safeguard mental wellbeing.
The following legislation provides for the key legal duties of an employer:
Health and Safety at Work Act 1974 — requires employers to ensure, so far as reasonably practicable, the health, safety and welfare of employees at work.
Management of Health and Safety at Work Regulations 1999 — this legislation was designed to reinforce the Health and Safety at Work Act 1974. and requires employers to assess workplace risks including stress and to take steps to remove or reduce them.
Can workplace stress lead to HSE prosecution?
Yes. In serious cases, failure to manage work-related stress can result in enforcement action, including prosecution by the HSE.
Historically, the HSE has focused more on physical injury and safety risks and whilst prosecutions for workplace stress remain rare, they are legally possible, with the regulatory body progressively examining the management of mental health risk.
It would be wholly unrealistic to expect employers to eliminate stress entirely. Indeed, the HSE recognises this is not conceivable. However, the organisation requires employers to take reasonable and proportionate steps to prevent foreseeable harm. A prosecution therefore becomes more likely in the following circumstances:
- An employer is aware of stress-related risks but takes no action
- Employees have raised concerns that were ignored
- There is evidence of excessive workloads, bullying or unsafe practices
- Evidence of repeatedly failing to manage risks
- Physical or psychological harm occurs due to a management failure
- Employers do not take appropriate steps to address these risks following earlier HSE intervention (notifications of contravention, FFI invoices or improvement notices).
Investigation before prosecution
An HSE investigation into work-related stress can begin in several ways including an employee raising a concern, a whistleblowing report, a serious safety event linked to fatigue or workload levels, repeated patterns of sickness absence, evidence of bullying/harassment within the workplace, or following the mental-health related death of an employee.
During an investigation, the HSE may require the provision of documents such as risk assessments, workplace policies, training records, sickness absence information and details of any steps taken in response to stress-related concerns. If the investigation shows that an employer failed to identify or properly manage foreseeable stress risks, the HSE may proceed to take enforcement action which could in turn trigger the following consequences:
- HSE notifications of contravention and fee for intervention (“FFI”) invoices.
- HSE enforcement notices (improvement and prohibition notices)
- Criminal prosecution
- Fines
- Reputational damage
- Civil claims for personal injury
- High staff turnover
How employers can reduce the risk
The HSE provides a recognised framework known as the Management Standards for Work Related Stress Management Standards - HSE. This tool helps employers identify and control common workplace stressors. These standards focus on six key areas:
- Demands — such as workload, work patterns and working environment.
- Control — the degree of influence employees have over their work.
- Support — including resources, training and encouragement.
- Relationships — promoting a positive and respectful workplace.
- Role — ensuring employees have clarity about what is expected of them.
- Change — managing organisational change effectively.
Employers are encouraged to use these standards to assess risks and prioritise improvements. In practical terms, this means carrying out appropriate, stress risks assessments, monitoring workloads, offering management training and encouraging open communication. Employers should also ensure they have clear written documentation for the following:
- A written policy for workplace stress
- A risk assessment for workplace stress
- Clear written procedures on how these various risk areas are to be managed and monitored in practice
- A system for reviewing the effectiveness of these measures and or making improvements as a result.
It is also important to keep records of concerns raised, take prompt action to address bullying or harassment, support structured return to work plans and review patterns of sickness absence. Even straightforward steps such as regular check ins, clearer job descriptions, or improving access to support, can make a meaningful difference in reducing stress and protecting employee wellbeing.
Work-related stress is not just an issue for HR. It is a health and safety risk that employers are legally obliged to manage. While HSE prosecution remains uncommon, the risk is real, particularly if an employer ignores known problems.
Taking proactive steps to protect staff welfare not only reduces legal risk but also improves morale, performance and retention.
Speak to an expert
If your organisation needs advice on risk management, responding to an HSE investigation or defending a stress related claim, our team of specialist health & safety solicitors are here to help.