Stress is endemic in the legal profession. Recent figures released by LawCare, the support group for lawyers, show that almost two-thirds of calls to its helpline are from over-stressed solicitors. But what are the legal implications for law firms of these high levels of anxiety among staff?

Stress can give rise to a number of legal claims. If personal injury to a solicitor (or other employee) results from workplace stress, the firm could be liable for damages in a negligence action. Excess stress could also lead to claims for constructive (unfair) dismissal or breach of contract. This is because failure to address stress or its causes may breach a duty implied into the employment contract, including the duty to maintain trust and confidence and the duty to safeguard the employee's health.



Guidelines as to employers' liability for stress were set out earlier this year in the leading case: Barber v Somerset County Council [2004] UKHL 13. The Barber decision took a robust line and endorsed a primarily reactive approach from employers to workplace stress. Protective steps were required only when indications of stress were plain enough for any reasonable employer to realise that action was necessary (although in this case one short period of absence for stress was a sufficient trigger).



But this case may prove to be the high-watermark of leniency for firms' failure to address stress. The Health and Safety Executive is consulting over the roll-out of 'management standards' to encourage a more proactive approach on stress from employers. The draft standards identify six causes of stress ('stressors'): demands, (lack of) control, support, (nature of) role, change and relationships. Each stressor has a corresponding list of benchmarks explaining the desired state, and guideline percentages have been set for compliance with the desired state when the workforce, as a whole, is surveyed (visit: www.hse.gov.uk/consult/condocs/stressms.htm).



The standards will provide a yardstick against which firms can measure their performance in tackling workplace stress. They are not directly enforceable, but dovetail with the existing legal obligation for firms to conduct periodic risk assessments for each role in their organisation, by providing a way to predict stress as part of the assessment process. Their effect may be to 'raise the bar' as to the measures expected from firms to discharge their legal duties regarding stress.


Steps to reduce exposure to stress claims include:

  • Conduct of periodic risk assessments, including a stress assessment;

  • If assessments predict excessive stress, take steps to reduce or manage it. Document what you have done to reduce the risk and follow up with the employee (see: http://www.hse.gov.uk/pubns/indg281.pdf);


  • If a complaint about stress (or a potential cause of stress) is made, act promptly to reduce stress. Follow up and monitor the effect of your action;

  • Consider introducing a counselling service for staff. Failing this, publicise details of LawCare or a similar service.
    • A final word: beware of surveying your workforce for compliance with the management standards. This should be done only if you are dedicated to tackling any problem – otherwise you may just create evidence which may be used against you.



    Cerys Williams is an associate in the employment department of City firm Fox Williams