Background:

This procedure has been developed to assist Greencore Group to complete a formal risk assessment of stress in accordance with Reg 3 "The Management of Health and Safety at Work Regulations (as amended)". 

Using this procedure we can reasonably expect Greencore Group to fully evaluate any possible work related stress in order to implement reasonable control measures. 

We have identified three levels of stress management which must be taken into account when considering work place control measures.

1. Primary prevention
   this aims to reduce, modify, or otherwise manage organisational demands and stressors to enhance health and reduce distress.
   
2. Secondary prevention
   this aims to modify individual stress responses to necessary and inevitable organisational demands.
3. Tertiary prevention
   this aims to minimise the amount of residual individual and organisational distress not averted by primary or secondary prevention, or a combination of the two.

once the Company has decided at what level it can operate a stress management policy
(see ***.***.she), the actual implementation of that policy needs to be considered against two sets of issues. The two sets of issues are ‘Ground Level’ implementation and ‘Strategic’ implementation these are detailed below:

Ground Level Issues:

1. Has the organisation assessed the level of stress within the working environment?
2. Are the managers aware of the legal issues concerning stress at work?
3. Can the managers and employees deal with stress in themselves and in others?
4. Should the Company have an explicit policy for the management of stress?
5. Who should be addressing the issues of stress? – HR, General Management, Employees, Professional Resource?
6. What money/time is available for training to implement the policy and to what level should it be made available?

Strategic Issues:

1. Healthy Scepticism. Is stress such a big problem? How do we know? Do these interventions work? Where is the evidence?
2. Look for specific problems. Get away from "stress". What, specifically, is going on? Is it the same for everyone? Are there multiple, unrelated problems?
3. Assessment. Do I have evidence about this problem? How widespread is it?
4. Specific and focused solutions. What are we trying to change? What is likely to work in my organisation? Where should it be targeted? Will there be any negative outcomes?
5. Strategic integration. How does the solution relate to our business? How can it work with other Human Resource practices? Is it compatible with other broader goals? Do other things need to change first? Our we going to introduce other stressess in our attempt to relieve previously identified stress?
6. Evaluation and feedback. What criteria for evaluation? Are they realistic specific and measurable? Where and when will we see changes? How can evaluation guide future actions?

Guidelines for Managers and Employees: The Legal Standpoint

Duty imposed on the business managers:

Employers have a legal duty to provide a "Safe System of Work" under the Health & Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This obligation was further clarified via European driven legislation in the requirement for "Risk Assessment"  under the Management of Health and Safety at Work Regulations (as amended).

Duty imposed on Employees:

The Health and Safety at Work Act 1974 (Section 7) requires employees to abide by legitimate instructions in relation to their health safety and welfare. For further details please refer to the companies Health and Safety Policy Statement.

Assessment:

The Management of Health & Safety at Work Regulations (as amended) requires, all employers to assess  the nature and scale of risks to health in the workplace in order to minimise the impact of all potential hazards. This assessment must include the mental stresses of each job or occupation as well as physical risks to health. Employers must also ensure that employees receive proper information, instruction, training, and supervision as required by section 2, the Health and Safety at Work Act 1974.

Prevention:

Employers do not have a legal duty to prevent ill health due to stress arising from circumstances outside work, such as personal or domestic problems. However where such stress is exacerbated by work it cannot be ignored. The employer has to take into account the actual condition of the employee. Where the employer is aware that the health of the employee is a problem, there is an increased duty of care.

Awareness:

It is not a defence in law for any Greencore Group company to plead ignorance of the dangers associated with stress especially when employers in their position should have been aware of the hazard. The company are presumed to know  the hazards associated with this business especially when risks are highlighted via company, professional and trade publications. The Health and Safety Executive produce an extensive range of Approved Codes of Practice (ACOP's) and guidance (available through HSE Books). Greencore Group employ specialist Safety Health and Environmental (SHE) Managers to advise on all these issues.

Disability

The Disability Discrimination Act 1995 applies to both physical and mental impairment which has a substantial and long-term adverse affect on an employee’s ability to carry out normal duties. A condition of mental impairment is included only if it results from a clinically well recognised illness.

Dismissal

Poor performance at work, even if due to stress, cold lead to dismissal on grounds of incapacity. However, the employee must normally be given opportunity to improve and offered appropriate support such as job and workload redesign, training, counseling and/or extra staffing. If despite encouragement and assistance the employee cannot reach the required standard, it will be appropriate to consider alternative employment before any final dismissal decision is taken.

Mitigating Factors

Any breach of legal statutory duty
will take into consideration the following mitigating actions:

• Including stress in risk assessments
• Providing stress awareness and stress management training
• Sensitivity to potential causes and warning signs of stress
• Listening sympathetically to complaints as well as taking quick and appropriate action
• Ensuring that all appropriate steps have been taken before dismissing or demoting
• A clear stress policy or a health & safety policy which covers stress