Bosses will be fined for workers' stress

By Simon de Bruxelles, Oliver Wright and Helen Rumbelow

Landmark case against hospital as unions intensify campaign EVERY hospital, school and business in Britain faces criminal prosecution unless it can prove it is tackling stress in the workplace.

The Health and Safety Executive (HSE) has issued its first "enforcement notice" against an NHS hospital for failing to protect doctors and nurses from stress at work.

West Dorset Hospitals NHS Trust, which is in line to achieve foundation status, has until December 15 to assess stress levels among its 1,100 staff and introduce a programme to reduce it. If it fails to act, it will face court action and unlimited fines under the Health and Safety at Work Act.

The HSE estimates that British industry loses £370 million a year because of stress, while the cost to society as a whole could be £3.75 billion.

Tackling stress is one of eight key targets set by the HSE. It is already running a pilot scheme, which could be included in legislation, forcing companies to measure - and if necessary reduce - stress.

The ruling on West Dorset Hospitals will be welcomed by trade unions and is likely to lead to a flood of civil suits.

The Confederation of British Industry expressed alarm at the prospect of companies having to measure the stress of employees annually, while the Institute of Directors said the decision was part of an insidious trend led by trade unions to force compensation claims.

Many trade unions, recognising that members' priorities have changed from old-fashioned pay disputes, focus increasingly on "work-life balance" issues.

The preliminary agenda for the annual Trades Union Congress next month is expected to include a motion from the PCS civil service union that condemns Britain's "work-till- you-drop culture". Unions say that British workers have longer hours, shorter lunchbreaks and fewer holidays than their counterparts in Europe, as well as pointing out that stress is becoming the single biggest cause of absence.

According to a survey by Unum, one of Britain's leading income protection insurers, the number of claims made due to stress and mental illness has risen by 88 per cent in seven years.

The TUC will today publish new research suggesting that those who suffer from stress for at least half their working lives are 25 per cent more likely to suffer a fatal heart attack and have a 50 per cent greater chance of dying from a stroke.

Unions also cite a recent report from the Judge Institute of Management in Cambridge showing that nine out of ten firms adopting "family friendly" policies had concluded that they improved productivity.

Critics argue that work is no more stressful than in the past and that many people simply use stress as an excuse for taking time off. They point out that in the past year, the average working week has dropped by half an hour and, since 1998, it has dropped by an hour and a half for men and by more than half an hour for women. The HSE, however, believes there is a genuine problem and is keen to enforce existing laws. Sources said that more enforcement notices are likely.

However, Ruth Lea, head of the policy unit at the Institute of Directors, said that all her sympathies were with the NHS trust. "In the past few years stress claims have shot up, and my feeling is that it can't be that management is really getting dramatically worse or pressures more difficult," she said. "It's just become more acceptable to say, `I've got stress, I'm going to take my employer to court', and this attitude is encouraged by the trade unions." Brendan Barber, the TUC General Secretary, said: "Stress at work is cutting workers' lives short. This enormous strain will only end when we tackle the causes of stress, such as overwork and the long- hours culture."

Although the Government has introduced new legislation designed to encourage "family-friendly" working practices, unions believe that measures such as the EU Working Time Directive are not being properly enforced.

Story filed: The Times August 05, 2003