Free Employment Advice - Criminal liability

The HSE has issued an enforcement notice relating to workplace stress. This is the first time that work-related stress has been the subject of potential criminal proceedings.

The HSE has instructed the West Dorset Hospitals NHS Trust to assess stress levels among its 1,100 staff and to introduce a programme to reduce stress. If this is not done by December 15, the Trust may face criminal proceedings and the possibility of an unlimited fine.

The notice was issued after a written complaint by a former employee. This resulted in an HSE investigation which concluded that working practices at the Dorset County Hospital amounted to a health risk.

In legal terms, the importance of this development is that it marks a highly significant departure from current practice. Until now, workplace stress has never been within the remit of the criminal law. Illness resulting from stress caused by workplace conditions has been the subject of an increasing number of civil proceedings. Such proceedings have as their object an award of compensation. They are normally settled before coming to court, and are governed by the rules of civil procedure. Civil proceedings are brought between private individuals or organisations.

The advent of criminal proceedings may mean that employers who fail to meet required standards in respect of workplace stress will face criminal proceedings in the magistrates’ court or the Crown Court. Such proceedings, if resulting in a guilty verdict, will lead to fines imposed as a punishment. Criminal proceedings are brought on behalf of the state against an alleged wrongdoer. Even if employers charged with stress-related offences plead guilty, the matter will be dealt with in open court.

The Confederation of British Industry is reported to have commented that plans to make employers monitor stress levels are “incredibly onerous”. If the HSE tried to issue an enforcement notice, companies should consider defending themselves through the courts.

The NHS has stated that it will monitor stress levels of all employees from next year. All employees will be asked about their working environment, with questions involving work pressures, ability to meet the demands of work, and access to counselling services.

Note:

This matter is now reported to have been settled.