Work-related stress: your duties

In short

Employers have a legal duty to protect workers from work-related stress by assessing the risk and acting on it, just as for other health and safety risks. HSE's Management Standards cover six areas of work that can affect stress levels: demands, control, support, relationships, role and change. For a small firm this can be simple: talk to your team, find the pressure points, change what you can and check it has helped.

Example

the supervisor who never stopped

Aisha runs a fit-out firm with eight staff. After a run of tight programmes, her supervisor, Tom, was working most weekends, snapping at the team and taking odd days off sick. Aisha asked him for a coffee and listened. The problem was late drawings, calls at all hours and nobody to cover him. They agreed the office would chase the designers, Tom would have a named deputy, and weekend work would need Aisha's approval. She then asked the rest of the team the same questions.

An illustrative example, not a real case.

What the law says

Regulation 3 of the Management of Health and Safety at Work Regulations 1999: employers must make a suitable and sufficient assessment of the risks to their employees' health and safety. HSE says this includes stress, and that employers must act on what they find.
If you employ five or more people, you must record the significant findings (regulation 3(6)). With fewer, HSE says a short record is still useful.
The Management Standards are not law, but HSE says following the approach correctly is considered suitable and sufficient.

Warning signs for each Management Standard

HSE says workers may describe problems like these.

Demands
What people may tell you
They cannot cope with the demands of the job, such as the workload or hours.
Control
What people may tell you
They are unable to control the way they do their work.
Support
What people may tell you
They do not get enough information and support.
Relationships
What people may tell you
They are having trouble with people at work, or are being bullied.
Role
What people may tell you
They do not fully understand their role and responsibilities.
Change
What people may tell you
They are not involved when the business goes through change.

Standard	What people may tell you
Demands	They cannot cope with the demands of the job, such as the workload or hours.
Control	They are unable to control the way they do their work.
Support	They do not get enough information and support.
Relationships	They are having trouble with people at work, or are being bullied.
Role	They do not fully understand their role and responsibilities.
Change	They are not involved when the business goes through change.

Practical steps for a small firm

01
Talk
Ask your team what makes work harder than it needs to be. HSE's Talking Toolkit, made for smaller firms, can help.
02
Spot the signs
Look for more absence, lateness, arguments, mood changes or people leaving.
03
Fix the causes
Change the work first: realistic programmes, clear roles, cover for key people and a say in how jobs are done.
04
Check again
Ask again after a few weeks, and review when the work or the team changes.

Pressures in construction

HSE estimates that 15,000 construction workers a year had work-related stress, depression or anxiety, on average over 2022/23 to 2024/25. That is a lower rate than across all industries (HSE, 2025), but CITB describes the industry's record on mental health as poor. Tight programmes, long days and late changes fall under demands and change, so include them in your assessment.

What the courts have said

Walker v Northumberland County Council [1995] 1 All ER 737
A council employee had a breakdown caused by his workload, and when he returned no changes were made to it. The High Court held the council liable for his second breakdown, because by then the risk to his health was foreseeable.
Hatton v Sutherland [2002] EWCA Civ 76
The Court of Appeal said the key question is whether harm to this employee's health was reasonably foreseeable. Employers can usually assume staff can cope with the normal pressures of the job unless they know of a particular problem, so act on warning signs.

Common questions

Do employers have a legal duty to manage work-related stress?

Yes. HSE says employers have a legal duty to protect workers from stress at work by doing a risk assessment and acting on it, as part of their duties under the Management of Health and Safety at Work Regulations 1999.

Does a small business need a stress risk assessment?

Yes. Every employer must assess the risk (regulation 3 of the Management Regulations). With fewer than five workers you do not have to write it down, although HSE says it is useful.

What should I do if a worker tells me they are struggling?

Listen, take it seriously, agree what could change at work and encourage them to talk to their GP. The Lighthouse Construction Industry Charity runs a 24/7 helpline on 0345 605 1956, and Samaritans are free to call on 116 123. If someone is in immediate danger, call 999.

How NXT-HSE can help

NXT-HSE can help you assess stress risks using HSE's Management Standards and turn what your team tells you into practical actions. Your legal duties stay with your business.

Sources

Sources checked 27 September 2026 against current Health and Safety Executive guidance and legislation. This guide is general information, not legal advice; your legal duties stay with your business.

Work-related stress and mental health: what are your duties?