LATEST NEWSLETTER
Issue 11
In these litigious times, employers are well aware that stress in the workplace can be a costly and controversial issue. Employers have a duty of care at common law to protect the health and safety of their employees. Furthermore, Employers have distinct legal duties, under health and safety legislation, and this includes a duty to curtail the level of stress which employees are exposed to in the workplace.
A Birmingham hospital, under the Sandwell and West Birmingham Trust, has been forced to pay a former employee, who was a retired manager, £370,550 plus a further £24,000 annual payment for the rest of his life. The former employee lodged an injury claim following his retirement, through an internal process, stating that working for the NHS had caused him stress.
Although for years Trust officials had been opposed to paying any sort of compensation to the former employee, they have now been ordered to make this very substantial payment by the Department of Health.
The former employee, who retired in 1996 had held a senior position within the Trust. After his retirement he filed a claim with the NHS Injury Benefit Scheme over what is thought to be a stress or psychological-related injury. This scheme was set-up to provide compensation to members of staff who suffered permanent incapacity or an injury mainly caused by work-related events.
The most definitive way in which an employer can ensure that it is taking a pro-active approach to curtailing employee stress in the workplace, thereby limiting its exposure to litigation; is to carry out Stredia’s Workplace Risk Assessment (WRA), which involves a population approach, thereby fulfilling HSE recommendations.
Stredia is pleased to announce that from Autumn 2010, it is offering CPD training on Client Care and Practice Management - Workplace Stress Risk Assessments, to Solicitors at different locations throughout the UK.
Many Solicitors automatically associate Practice Management solely with financial matters. In reality, Practice Management covers many different aspects of any thriving business, to include best practice in relation to staff management.
As a first point of contact for many businesses, it is essential that Solicitors are up-to-date and familiar with current case law regarding stress in the workplace and the legal and financial implications of same.
For further information on Stredia’s CPD training and to check availability in your local area, contact: darina.blake@stredia.co.uk
Following its presentation to the Society of Personnel Directors Scotland, last month, Stredia has been delighted with the level of interest and enquiries from those who attended. The feedback from the delegates has been very positive and Stredia has
high-lighted to those organisations the importance, both financially and otherwise, of carrying-out a WRA. Apart from fulfilling HSE objectives and obligations, a WRA will highlight areas of concern, before they can develop into worrying problems for employees and costly headaches for employers.
If you are involved in HR or H&S and you are interested in addressing potential problems in the workplace before they can escalate, contact Stredia for more details. We will arrange a one to one consultation or a group presentation.
Issue 10
Health & Wellbeing at Work 2010 Conference Winners Stredia would like to take this opportunity to all of the HR, H&S and OH professionals who visited our stand at the very succesful Health & Wellbeing at Work 2010 Conference in the NEC. Everyone who visited had an opportunity to win an in-house training day on Implementing a Workplace Stress Risk Assessment for up to eight managers. The lucky winner was Islington Council. Winners of a half day training session include John Lewis HQ in London and Doncaster Council. Other winners will be notified and published in the next newsletter.
Stredia are recognised specialists in implementing Workplace Stress Risk Assessments and we will work closely with each of our winners to deliver bespoke training, to give them the support they require.
Everyone who entered our draw will receive a free consultation in any aspect of Stress Risk Assessments whether they are contemplating beginning a risk assessment or whether they are seasoned professionals who would like to discuss issues with someone who understands their needs.
Gerard from Stredia will be in contact with all entrants soon to discuss their requirements and arrange for their free support, or if you have entered the draw and would to arrange your support sooner please contact us quoting H&W NEC 2010.
University pays over £100,000 in stress claim but denies wrong doing
5 Mar 2010
A Staffordshire University worker who allegedly had to work up to 65 hours a week has received compensation due to stress. Although the University paid £110,000 in compensation in an out-of-court settlement, it denies any liability.
Mark Bannister, 49, worked as a programme manager at Staffordshire University where he was responsible for organising courses for international students. It is alleged that after a colleague committed suicide and another member of staff who had gone off on long term sick wasn’t replaced, Mr Bannister was given more and more work to deal with.
He also claimed he was under pressure from the growing number of overseas students that were enrolling at the university. He said it became normal for him to put in 65-hour weeks. Mr Bannister, who has a history of anxiety and depression, alleged that despite complaining about the excessive workload nothing was done to alleviate the pressure.
He was signed off sick in September 2007, with a brief return to work before going off sick again.
He contacted his union the University and College Union (UCU) which instructed its lawyers Thompsons Solicitors to pursue a claim for compensation. Thompsons argued that the university should have taken adequate measures to ensure staff weren’t overworked.
UCU general secretary, Sally Hunt, said: “Members of staff being forced to pick up colleagues’ work is a real worry in higher education at the moment with 15,000 jobs at risk. Universities should be warned that we will be coming down hard on any that follow Staffordshire’s example in their treatment of Mr Bannister.”
Warinder Juss from Thompsons Solicitors added: “Despite Staffordshire University being aware of Mr Bannister’s previous medical history and despite his complaints about the workload nothing was done to ensure he was coping. Stress cases are difficult to prove but here Mr Bannister was ignored and felt he had no choice but to work excessive hours and the damage to his health followed.”
However, a spokesperson for Staffordshire University told Workplace Law: ““The University disputes the information presented in this case. The University does not accept any liability in this matter and our insurers reached an out-of-court settlement with Mr Bannister due to the cost of defending such allegations.”
Reported in www.workplacelaw.net 5th March 2010
Stories From Issue: 9
Stressed staff will leave a ‘Black Hole’
While the recession is still affecting the economy most staff are not contemplating a move. However staff experiencing stress are probably just waiting for an opportunity to leave. As soon as the economy improves these people with transferable skills will look for, and probably find, other jobs, leaving the workplace with a ‘black hole’ where staff used to be.
The first reaction of Staff affected by factors that cause workplace stress is to put an end to the situation. The simplest way to do this is to look for ways to leave the workplace and hand in their notice. However in a recession this decision has to be delayed because fewer opportunities are available. With some Eurozone countries already out of recession and recruitment already started in the banking sector, employers should be making plans now to reduce the impact of stress in their organisation. If they don’t then they are likely to find a black hole amongst their most valuable staff when the credit crunch is over.
Presentations coming up
Stredia will be presenting at a number of events over the autumn, ranging from Belfast to Belgrade. On September 21st we will be presenting our experience of implementing the Management Standards to a meeting of the NI Safety Group. This is an open meeting and everyone with an interest is invited to attend. Please contact us if you would like to attend.
In Belgrade on October 26/27th conference Senior Consultant
Stredia are also presenting to a meeting of Local Authority Safety Advisors
Please contact us if your organisation could benefit from hearing this presentation.
Training
In response to customer demand Stredia have developed a number of specialist courses aimed at helping managers and staff to implement the HSE’s workplace stress risk assessment process and to understand how this is different from previous advice. ‘Managers managing the risk of stress’ is aimed ensuring at senior and middle managers have all the knowledge and skills at their disposal to take immediate preventative action. The stress awareness module aims to inform staff of their responsibilities in taking action to prevent stress and why they should become involved.
Contact us for details
Stories From Issue: 8
Stredia Recognised as Market Leading Supplier
Stredia, a specialist in the risk management of workplace stress, have just concluded a major project with the Irish government that confirms their expertise and standing as market leading suppliers of these services.
The Health and Safety Authority (HSA) commissioned Stredia to support their Work Positive programme. The purpose of this project was to introduce the risk assessment of workplace stress to Irish organisations. The project supported 20 firms to use the Work Positive system to take steps to reduce the risk of stress in their organisation.
The launch of the web site associated with the project was celebrated recently with an event attended by the Minister for Labour Affairs Dara Calleary, TD in Dublin. Pictured at this launch [right to left] are Gerard O’Hanlon, Director Stredia; Dara Calleary TD., The Minister for Labour Affairs and Martin O’Halloran, Chief Executive of the Health and Safety Authority.
Stredia were the only company involved from outside the jurisdiction. They provided their unique software and expertise to the education, semi-state, local authority and financial services sectors of the programme.
Geoff Thomas managing director of Stredia commented, “We were obviously delighted to be chosen to be part of this prestigious programme, particularly as we were the only firm outside Ireland to be considered. We have always taken pride in the quality of our work and its great to be recognised for our landmark work with demanding clients ”
He added “We are also pleased that our part of the programme was so successful. One of the managers we dealt with commented that the help and support of Stredia throughout the project had enabled him to achieve “breakthrough results for the department”.
As the temperatures begin to climb and all but the hardiest of sun worshippers head for the shade, Stredia users will be happy to remember that it helps save trees. If around a thousand people use Stredia via the on-line portal rather than the paper version this will save the equivalent of a whole tree’s worth of paper.
As you settle down in the shade of the tree you helped to preserve it might help you to further relax by thinking of the other energy savings. Each time a person completes their part of the Stredia risk assessment it takes 60% less time than a paper version, saving everyone’s energies. It’s also more accurate so you get even more peace of mind spending less of your energy checking entries!
Directors' Voluntary Service Recgonised
Stredia Directors have recently been elected into leading positions in the CIPD and the Omagh Chamber of Commerce and Industry in recognition of their commitment and service.
Geoff Thomas has been recognised by his professional colleagues in the CIPD for his work and commitment to improving working lives. Geoff has given many years of service to the committee of the NI branch of the CIPD. He has been appointed to the position of Policy Adviser for the Northern Ireland Branch of the CIPD. Geoff will consult with members and provide policy advice to the Institute covering the the UK and Ireland. He also participates in the Institute's Shaping the Future events contributing to leading edge thinking on the future of people management strategy.
Gerard O’Hanlon has been elected to the position of President of Omagh Chamber of Commerce and Industry by his fellow members. He has been acknowledged for his work on the council of OCCI, having spent the past two years as Vice President. Gerard is looking forward to representing the Chamber both locally and nationally.
By accepting these voluntary positions Stredia directors are backing up their principles of improving businesses and the workplace. Both directors also volunteer as business mentors with The Princes Trust.
Stories From Issue: 7
Recession Stress
Although the green shoots of recovery appear to have arrived with the spring, stress will still need to be managed proactively both before and after redundancy if efficiency is to be maintained.
Instability, turbulence and unexplained change are all serious contributors to workplace stress and will have an adverse effect on workforce productivity if not managed correctly. During a downturn it is vital to maintain motivation levels by actively monitoring what is causing frustrations in staff.
Those who have already completed their redundancies should not be complacent either. If not handled well there can be considerable ‘survivor syndrome’ in those remaining, angry at the way their former work colleagues were treated or are struggling to cope with the changes. Our work in the steel industry shows that, with careful planning, downturn situations can be managed to achieve a positive outcome.
On the other hand any employer proven to be adding to workplace stress unnecessarily will be deemed liable and leave themselves open to an injury compensation claim.
As with all hazards, like workplace stress, the only way to control its effects; and the risk it represents; is with an assessment of all the risks, across the entire organisation. Stredia provides all the necessary evidence for a risk assessment from data gathering to action plans, quickly and simply.
Recession Will Not Reduce Inspection Activity
The recession should not lead to a reduction in safety investment according to the Health and Safety Minister.
Safety activity should not decrease in recession according to the minister responsible for health and safety, Lord McKenzie of Luton. He has said that although the current economic situation will mean "testing" times ahead for everyone, there should be no let up of health and safety duties and responsibilities.
Addressing health and safety professionals at the IOSH 09 conference of the Institute of Occupational Health and Safety, Lord McKenzie warned: "The HSE (Health and Safety Executive) and its inspectors will not weaken their position on safety. Skimping on health and safety is wrong – the financial and reputational consequences can be severe."
At he same confernce Geoffrey Podger, chief executive of the HSE warned that health and safety dangers may appear when the economy begins to recover. He explained that historically that is when companies are recruiting "but not training [new recruits] properly".
The Health and Safety Executive now have 50 Inspectors trained to look for local and timely intervention strategies in risk assessments for workplace stress.
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