Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Can you please tell me how long have you have you been with your employer
I have been with my employer for 8+ years
sorry for delay i am having problems with connection
leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. There are a couple of options you can pursue. Initially you could try raising this issue as a stress at work matter and ask the employer to deal with it as reasonably expected of them and I will explain your legal rights in this respect below.
Whilst stress in the workplace is becoming an ever-increasing problem, no specific legislation deals with it. The rights of employees in these circumstances are scattered across various legislation and common law examples.
A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.
As no standalone claim exists for being exposed to stress, the affected employee has the following options open to them if they were going to challenge their employer over this:
1. Grievance - this is a formal internal complaint, following which the employer is obliged to investigate the issues and deal with them in an appropriate manner. It should always be the first step in trying to bring the problem to the employer's attention and to try and reach a resolution.
2. Constructive dismissal - this occurs where the employee resigns because they feel they were left with no other option in the circumstances. Further considerations include:
In the first instance, I would advise going down the grievance route first and only consider pursuing legal action or the constructive dismissal route as a last resort if it is evident that the matter cannot be resolved in any other way.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Thank you for your reply. It would seem the burden of proof lies with me. How would I go about making an official grievance? Should I consult my employment contract? HR's role in my company seems to be to keep my employer dafe from people who lodge official complaints so I'm not sure how to proceed? Thoughts?
You should check the contract to see if there is a specific procedure but in the absence of one you simply need to submit your complaint in writing to your line manager and state you wish this to be treated as a grievance