Stress compensation ruled out but not over

Just days ago law lords agreed that employees will not be able to seek compensation for stress and harassment as part of an unfair dismissal claim pursued through an employment tribunal. Whilst employers will be heaving a heavy sigh of relief, FirstAssist, the leading health and wellbeing solutions provider is urging them to examine pre-dismissal treatment within the workplace.

A separate decision by the law lords has freed up the ability of employees to seek additional compensatory awards through the civil courts for losses resulting from psychiatric or other illness caused by pre-dismissal treatment.

Employers need to focus on the wellbeing of their staff at all times and under all circumstances. It is essential that employers look into any instances of bullying and feelings of distress and humiliation staff facing dismissal may be experiencing at work. Without the proper attention these issues can have a significant impact on the business and colleagues, comments Tim Ablett, Chief Executive, FirstAssist.

Furthermore, once a tribunal cases is heard, it can be very stressful for all parties involved. Employers should consider the impact for employees acting as a witness in a tribunal case on behalf of the employer. They may experience mistreatment from colleagues and management as a result of their involvement, creating a significant shift in morale and productivity.

The key thing to remember is that prevention is better than cure. Employee Assistance Programmes combine telephone and face-to-face counselling with legal advice and information providing a valuable employee benefit. Employee Screening Services can also include stress audits on individual staff members, departments or a company’s entire personnel. With the right systems in place, employers can minimise staff stress and maintain a healthy, happy and efficient workforce. Company’s ignore staff wellbeing at their own peril as it reflects the wellbeing of the business itself.