Work-Related Stress Law UK:

In the first instance, (if you have not already done so) please visit our webpage on stress at work employee rights UK.

Work-related stress legislation UK falls under the auspices of The HSAWA 1974 and The MHSWR 1999, both of which I have outlined below.

For the avoidance of doubt, the County Court has jurisdiction to hear claims for personal injury under both The HSAWA 1974 & The MHSWR 1996.

However, the Employment Tribunal has no jurisdiction to hear claims under the auspices of The HSAWA 1974 or The MHSWR 1999.

Therefore, you will not be able to bring a claim for personal injury in the Employment Tribunal for work-related stress.

That said, if work-related stress has ’caused’ or ‘exacerbated’ anxiety, depression, PTSD or some other psychological health condition, you may be able to bring a claim for both discrimination and personal injury in the Employment Tribunal.

We have created the following webpages to assist you in writing a better grievance letter to your employer:

  • 15 Steps to take before you write a grievance letter.
  • 20 Tips on writing a grievance letter to your employer.
  • Free grievance letter example for work-related stress, bullying and harassment, and discrimination, which you can send to your employer.
  • Do NOT use AI in your grievance letter.

The Health and Safety at Work Act 1974 (HSAWA 1974)

Your employer has a [statutory duty of care] for your health, safety, and welfare at work.

I have below outlined the relevant sections of The HSAWA 1974, which you may be able to apply to your personal situation.

S.2(1) To ensure the health, safety and welfare of employees:

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

S.2(2)(a) To provide and maintain safe plant and equipment and safe systems of work:

“The provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health.”

S.2(2)(b) To ensure safe handling, transport, storage and use of articles and substances:

“Arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances.”

S.2(2)(c) To provide necessary information, instruction, training and supervision:

“The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.”

S.2(2)(d) To provide a safe workplace and a safe means of access and egress:

“So far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks.”

S.2(2)(e) To provide a safe working environment and adequate welfare facilities:

“The provision and ‘maintenance’ of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.”

Your duties under the Health and Safety Work Act are:

S.7 “It shall be the duty of every employee while at work to-

(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and.

(b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.”

The Management of Health and Safety at Work Regulations 1999 (MHSWR 1999)

R.3(1)(a) “Every employer shall make a suitable and sufficient assessment of – the risks to the health and safety of his employees to which they are exposed whilst they are at work.”

R. 5(1) “Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.” (Enshrined in the HSE Management Standards – see work related stress“)

R.6 “Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.”

R.10(1) “Every employer shall provide his employees with comprehensible and relevant information on – (a) the ‘risks’ to ‘their health and safety’ ‘identified’ by the ‘assessment’.”

R.13 Capabilities and Training:

R. 13(1) Every employer shall, in entrusting tasks to his employees, take into account [their] capabilities as regards health and safety (2) Every employer shall ensure that his employees are provided with adequate health and safety training—

(a) on their being recruited into the employer’s undertaking; and.

(b) on their being exposed to new or increased risks because of—.

(i) their being transferred or given a change of responsibilities within the employer’s undertaking,.

(ii) the introduction of new work equipment into or a change respecting work equipment already in use within the employer’s undertaking,

(iii )the introduction of new technology into the employer’s undertaking, or

(iv) the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking

(3) The training referred to in paragraph (2) shall—

(a) be repeated periodically where appropriate.

(b) be adapted to take account of any new or changed risks to the health and safety of the employees concerned [ Nature & Extent of the Workload] and,

(c) take place during working hours

Remember, you don’t have to be alone in going through your employment dispute with your employer.

We took our own employers to the Employment Tribunal, and so we know what you are going through.

If you feel you need assistance writing your grievance letter Amy & I can write your grievance letter for you.

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Go on, don’t hesitate, pick up the phone and call us 07775943414 (9-5 UK) or email us at: myrightsuk@protonmail.com

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Reach out to us on 07775943414 (9-5 UK) or email us – myrightsuk@protonmail.com

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