April is Stress Awareness Month, offering employers a timely opportunity to reflect on how workplace stress is managed within their organisations. While work-related stress has long been recognised as a wellbeing issue, recent developments show that it is increasingly viewed through a health and safety and regulatory lens, with clear implications for employers who fail to address it effectively.
The latest data published by the Health and Safety Executive (HSE) highlights the scale of the issue. Stress, depression and anxiety remain the leading causes of work-related ill health in the UK, with almost one million workers reporting that their mental health has been adversely impacted by work in 2024/25. The number of working days lost to stress-related absence continues to rise, with factors such as excessive workloads, organisational change, lack of managerial support and workplace conflict frequently cited as contributing factors.
Despite these figures, stress management is still sometimes treated as a secondary concern, compared to more immediately visible physical health risks. However, that position is becoming increasingly difficult to sustain.
A shift in the HSE’s approach
Historically, the HSE’s enforcement activity has focused on serious injuries and fatalities. However, psychosocial risks now represent one of the largest categories of work-related ill health according to the regulator, and the HSE has made mental health and stress reduction a central part of its long-term enforcement strategy.
This shift from guidance to enforcement was brought into sharp focus in December 2025, when the HSE issued a formal Notice of Contravention to the University of Birmingham (‘the UoB’) following an investigation into how the UoB was managing work-related stress.
The case is notable not because the employer lacked documentation relating to stress management, but because the HSE found that stress management arrangements were ineffective in practice. In this case, the UoB had policies and risk assessments in place, yet these were criticised for being overly generic and insufficiently tailored to higher-risk areas. There was limited evidence of effective employee consultation, inconsistent training for those responsible for carrying out risk assessments, and a lack of meaningful monitoring to assess whether control measures were actually reducing stress.
The HSE’s findings reinforce an important message for employers: compliance is not measured by the existence of policies alone, but by whether those policies are properly implemented, reviewed and embedded into day to day working practices.
Legal responsibilities for employers
From a legal perspective, employers are under a duty to protect both the physical and mental health of their workforce. Health and safety legislation requires employers to assess
risks in the workplace, including risks arising from stress, and to take reasonable steps to prevent or reduce those risks where practicable.
Failing to manage workplace stress can expose employers to a range of legal risks. Poor handling of stress-related absence may undermine capability or disciplinary processes and increase the likelihood of unfair dismissal claims. Where stress develops into a long-term mental health condition, employers may also have obligations under the Equality Act 2010, including a duty to consider reasonable adjustments.
In more serious cases, systemic failures may attract regulatory scrutiny, personal injury claims (subject to appropriate medical evidence), or allegations of breach of trust and confidence leading to constructive dismissal.
What this means in practice
The enforcement action against the UoB demonstrates that employers cannot rely solely on generic risk assessments or policy documents. Stress risk assessments should be specific, reflective of genuine working arrangements, and informed by employee input. They should consider factors such as workload demands, levels of control, availability of support, clarity of roles and the impact of organisational change.
Equally important is what happens after risks are identified. Control measures must be clearly defined, implemented consistently, and reviewed regularly to ensure they remain effective. Line managers play a crucial role in this process and should be equipped to recognise early warning signs and respond appropriately.
Looking ahead
Stress Awareness Month serves as a useful reminder that mental health is a core element of workplace health and safety. With levels of work-related stress continuing to rise, and the HSE demonstrating a greater willingness to take enforcement action, employers should take this opportunity to review whether their arrangements are robust in practice, not just on paper.
A proactive approach to managing workplace stress is not only beneficial for workforce wellbeing, but also an increasingly important aspect of legal compliance and risk management.
Please note the contents of this article do not constitute legal advice. If you require any further information, or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511