Under existing legislation you as an employer have a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. The Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) and the Working Time Regulations 1998 (SI 1998/1833) have a potential impact on this area.

Changes to the Disability Discrimination Act 1995 (DDA) in 2005 means mental illness no longer has to be a clinically recognised condition to be covered. Therefore, ‘anxiety’, ‘stress’ and ’depression’ may be sufficient to qualify a person as disabled and is covered by the DDA, as long as there is a substantial and long-term effect (for at least a year) on their ability to carry out normal day-to-day duties.

Employees can also potentially make claims for work-related stress as a result of harassment under the Protection from Harassment Act 1997.