In this first of a series of briefings on the stressors the HSE have identified as part of the Management Standards, we examine “Demands”. We will look at what this means in real terms, the consequences of failure, and the indicators of success.
The Management Standards for Demands are:
Employers have a duty of care to ensure that, not only are employees physically and intellectually capable of carrying out their assigned tasks, but also capable in terms of their mental health. The tasks asked of an individual must be achievable by that person. Employers are already required by existing law to ensure that adequate training is provided to ensure individuals are capable of carrying out their tasks, this Management Standard reinforces this.
It also implies that should an employee’s mental state change, and the employer is made aware, then the employer has a duty to alter the employee’s demands to suit their new mental health condition. This was recently proved in a recent High Court appeal case where the employer was found to have not responded to the employee’s change in ability to cope with the stresses of her job.
In order to address the changes in demands and capabilities, the Standard also calls for systems to be in place to monitor, report and address any changes that may occur. Clear communication between employees and employers will help to ensure that any changes in an employee’s circumstances are notified to the employer, and the onus is on the employee to notify the employer of any changes to their mental health. However, once notified, the employer must take action to assess the risks and address any issues raised by the worker.
Employees are given the assurance that their job will be within their capabilities and will not affect their mental health. They are also given the assurance that a genuine change in their mental health will be addressed by their employer, and their role re-examined to ensure that their current mental health is not adversely affected by their job.
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