Workplace stress: Employers’ obligations

April is Stress Awareness Month – a reminder that mental health is an important aspect of Health and Safety in the workplace. Although it often receives less attention than physical injuries, possibly because it is less obvious, the Health and Safety Executive (HSE) takes it very seriously and employers should too.

The HSE’s approach to stress

The HSE defines stress as “the adverse reaction people have to excessive pressures or other types of demand placed on them”. 2024/25 saw 964,000 cases of work-related stress, depression or anxiety across the UK, which cost businesses 40.1 million working days. This is significantly higher than the 680,000 non-fatal injuries that were reported during the same period.

Levels of work-related mental illness are still higher than they were pre-pandemic, and this is now the number one cause of work-related ill health, accounting for 51% of all cases. Tackling it is top of the HSE’s strategic objectives for the 10 years from 2022 to 2032, and the Executive has stressed that it wants to impart greater accountability and stricter management standards in this area. The HSE guidance already states that it will consider prosecuting work-related stress where evidence shows that several employees are experiencing issues and/or where evidence arises of wider organisational failings in relation to employee mental health.

Employers’ legal obligations relating to mental health

All employers are legally required to consider mental health when undertaking risk assessments. Specific challenges to mental health must be identified, with reasonable steps taken to remove or diminish risks.

Risk assessments should consider six key areas of work design which affect stress levels:

Deadlines and demands
Control
Managerial support
Relationships
Role
Changes

The HSE provides a risk assessment template, which addresses stress-related risks and can provide a useful starting point for identifying potential hazards in your business.

Further guidance on designing stress risk assessments as well as examples for small, medium and larger organisations can be found here.

Getting it wrong

Announced or unannounced inspections will follow the ‘Plan, Do, Check, Act’ approach to managing risks.

The HSE guidance states that it will consider prosecuting work-related stress where evidence shows that several employees are experiencing issues and/or where evidence arises of wider organisational failings in relation to employee mental health.

Potential enforcement action is not an empty threat. In December 2025, the HSE issued a formal Notice of Contravention to the University of Birmingham following findings of systemic failures in managing work‑related stress. Specifically, ineffective implementation of stress management policies, generic control measures, a lack of effective monitoring, and insufficient employee consultation.

It is not enough to have the documents in place. Without proper implementation, the measures are unlikely to be effective.

Actions for employers

Employers should familiarise themselves with the five Rs of the HSE’s Working Minds campaign – Reaching out (conversation), Recognising signs (identification), Responding (action), Reflection (evaluation) and Routine (embedded into culture).

The HSE’s Work Right campaign may also be useful. It includes online learning modules and materials to help employers promote strong mental health in the workplace (you’ll find them here).

If you have questions regarding your mental health responsibilities under Health and Safety law, including the role of risk assessments within your organisation, please contact a member of our Health and Safety team.

This article was co-authored by Trainee Katie Clark.

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