How the HSE's recent actions against the University of Birmingham highlight the growing issue of workplace stress and employer responsibilities in managing risks.
Introduction
The Health and Safety Executive (HSE) has stepped up its enforcement on workplace stress, issuing a Notification of Contravention to the University of Birmingham for its failure to manage the risks.
In this article, Jack Murray and Jason Highfield, Trainee Solicitors in Weightmans’ specialist Health & Safety team, consider the escalating burden of stress-related ill health facing organisations across the country, how employers can manage the risks, and what the recent HSE investigation into the University of Birmingham tells us about HSE’s changing approach.
Enforcement in practice
HSE made workplace mental health and stress reduction a specific focus in its “Protecting People and Places” strategy, which was published in 2022. Since then, both lawyers and employers have been anticipating that the HSE would shift its focus from guidance to enforcement.
Over the last 12 months, Weightmans’ specialist Health and Safety team has been monitoring HSE’s changing approach. See Radhika Saujani’s November 2025 article on the potential for HSE prosecution as a result of workplace stress.
This article also highlights a number of factors that would increase the likelihood of enforcement action for workplace stress and gives tips for employers on how they can tackle the risks of enforcement action.
On 11 December 2025 (less than one month after Radhika’s article was published), HSE issued a Notice of Contravention letter to the University of Birmingham. This is one of the first high-profile enforcement actions targeting workplace related stress in the UK, thus demonstrating the start of a shift from guidance to enforcement.
Birmingham University and College Union (BUCU) had raised concerns with workload levels at the University as early as July 2022. In April 2024, BUCU made a formal complaint to HSE, highlighting an overarching failure from the University in managing work-related stress. Enforcement action against the University of Birmingham followed a comprehensive investigation into the employer’s arrangements for prevention, with HSE conducting interviews with staff and reviewing University policies and procedures.
Birmingham University Notice of Contravention – the findings
HSE found that insufficient risk assessment and management had resulted in a material breach of the Management of Health and Safety at Work Regulations 1999. This was attributed to four primary conclusions:
- The University had failed to fully implement its own Stress Management Policy.
- Notably, stress risk assessments were not completed at a school or college level.
- Action plans lacked significant detail about control measures. Individuals who were responsible for carrying out risk assessments received inconsistent training.
- The stress risk assessment failed to identify key risks and control measures.
- The University had concluded that work-related stress was not a significant issue for the organisation.
- The stress risk assessment was labelled as ‘too generic’ and did not identify higher risk or priority areas. This could be attributed to the University not involving its employees in the development of the risk assessment.
- Risk assessment controls were inadequate to reduce the risk of work-related stress.
- Control measures identified by the University were not implemented. For example, guidance on working time was not reflective of the number of hours employees were routinely working.
- Other control measures such as work-related stress training lacked sufficient detail to ensure relevant employees received the training.
- No effective monitoring and review systems were in place to assess the suitability of controls identified for managing work-related stress.
- The University largely relied on a work allocation model to manage tasks for academic staff. However, staff were routinely working additional hours to complete the work required. The effectiveness of the allocation model was not monitored.
- The University lacked a formal, centralised structure to report issues with work-related stress. Yet again, employees were not consulted to assist with ensuring health and safety compliance in relation to work-related stress.
This conclusion reinforces that employers cannot merely rely on the existence of stress management policies and risk assessments. Specifically, employers must go further by ensuring the effectiveness of documentation, alongside introducing appropriate monitoring and review systems to fortify relevant policies. It will be vital for employers to continuously review policies in order to ensure compliance.
This Notice of Contravention highlights that HSE is prepared to pursue enforcement against employers who breach their duty to mitigate stress and anxiety. HSE has made it clear that stress-related policies and risk assessments are insufficient alone, with employers responsible for ensuring the effectiveness and monitoring of policies.
In the context of increased numbers of people reporting workplace stress, it is inevitable that HSE will continue to place a growing emphasis on workplace stress, with the growing possibility of regulatory enforcement. It is perhaps only a matter of time before we see an Improvement Notice or even a full criminal prosecution of an employer for failing to manage workplace stress.
Weightmans’ team of specialist health and safety lawyers can assist employers on fully understanding their duties in this developing area, and on how they might seek to ensure compliance.
