Managing Stress in the Workplace: A Legal Guide for Employers

April is Stress Awareness Month, which aims to increase awareness of workplace stress, providing employers with an opportunity to reflect on their legal responsibilities around workplace stress.

Stress remains one of the biggest contributors to workplace absences, demonstrated by the CIPD survey in 2023, which confirmed that 76% of respondents had taken time off due to stress.

Clearly, stress is a significant issue in UK workplaces and should be a year-round legal and practical responsibility. Employers should treat stress like any other workplace hazard, identifying it at source and forming part of the organisation’s health-focused policies and culture.

This article will take a deep dive into the legal framework around an employer’s legal obligations to manage employees’ stress in the workplace. Do explore our Stress Awareness Month 2026 article for a closer look at ideas for initiatives around the event.

Why Workplace Stress is Such a Serious Topic

While stress itself is not a medical condition, prolonged exposure can lead to anxiety, depression and physical health problems such as cardiovascular issues, back pain and gastrointestinal disorders. When these conditions become long term, they may amount to a disability under the Equality Act 2010, triggering additional protections and obligations.

The Legal Framework: An Employer’s Legal Obligations Around Stress in the Workplace

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 places a duty on employers to safeguard the health, safety and welfare of their employees. This obligation extends to mental health, within which stress is considered. Stress should therefore be treated like other workplace hazards, ensuring it is identified, assessed and managed.

Management of Health and Safety at Work Regulations 1999

There is an additional duty placed on employers by the Management of Health and Safety at Work Regulations 1999. This requires employers to carry out suitable risk assessments of health and safety risks impacting their employees. Employers should work with their employees to identify the risks of stress, discuss those risks and decide how to remove or reduce these risks and agree on what steps need be taken to achieve this.

Stress as a Disability: Equality Act 2010

Under the Equality Act 2010, employers are required to make reasonable adjustments for employees with disabilities, including those with mental health conditions, to ensure they are not placed at a disadvantage in the workplace. These adjustments may involve altering working hours, modifying job duties, or providing additional support. It is important to recognise that every role and individual is different, meaning that an approach effective for one situation may not be suitable for another.

Employers should therefore take time to understand each employee’s specific needs and establish a tailored support plan. This may include referrals to Occupational Health or other appropriate measures to help manage an employee’s health concerns or absence in collaboration with the employee.

Risks to Employers if Workplace Stress Isn’t Managed

Failing to manage workplace stress can expose employers to several risks, including:

• Breach of health and safety duties – Employers who fail to carry out risk assessments or ignore known stressors may face enforcement action or civil claims.
• Disability discrimination – Long term stress related conditions may qualify as disabilities. If an employer fails to make reasonable adjustments or treats an employee unfavourably because of their condition, they risk discrimination claims.
• Constructive unfair dismissal – Employees who feel forced to resign due to unmanaged stress may bring claims on the basis that their employer breached the implied duty of trust and confidence.
• Operational impact – High levels of stress related absence can lead to overwork among remaining staff, creating a cycle of further stress and reduced productivity.

Steps Employers Can Take to Tackle Stress in the Workplace

Employers should take a proactive approach to stress management in the workplace. As well as providing support when issues arise, employers could try to reduce workplace stress in the following ways:

• Sport warning signs – employers should think about whether they see behaviour changes or other indicators, which might indicate an employee is suffering from stress or potential burnout, rather than relying on employees to inform them.
• Employee assistance programmes – these provide confidential support from employees through the use of professional counsellors, without employees needing to face long waiting times and expensive bills.
• Healthy work life balance – this can include offering remote working options or flexible hours for employees, based on employee’s individual needs outside of work.
• Regular 1-1’s with employees – this enables employers to check in with their employees regularly, discuss how they are handling their workload and allow them the opportunity to raise any issues with their manager.

Stress Awareness Month is a reminder to employers of the importance of actively supporting the mental wellbeing of their employees. Employers should aim to create a culture where employees feel comfortable raising issues that may be causing them stress, and where managers can spot the warning signs early. Employers who manage this well are likely to see multiple benefits, like reduced absences, increased productivity and a more positive working environment.