Employee Signed Off Work with Stress?

Stress-related sickness absence has become increasingly prevalent in the workplace. Employers face a balancing act between supporting their employees’ wellbeing while minimising the risk of operational disruption and impact on other employees resulting from individuals being signed off work with stress.

The following guide examines the rights and responsibilities of employees who are absent due to stress, and the rules employers should follow when managing stress-related absence.

 

Is an employer responsible for work-related stress?

 

Work-related stress has become common in the modern day workplace, often due to an overload of pressures and the demands placed on an individual on a day-to-day basis. It is both a psychological and physical health condition primarily caused by a person’s working environment and/or job role.

While there is no single definition for work-related stress, it is usually evidenced by symptoms such as apathy, fatigue, insomnia, over-sleeping, headaches, irritability, palpitations and even panic attacks, and can often lead to long-term health problems, including anxiety or depression.

There is also a wide range of factors that could be causing or contributing to an individual’s work-related stress including, but not limited to:

 

• Excessive workloads and/or constant deadlines
• Working long hours and/or undertaking too much responsibility
• Lack of career progression and/or job security
• Lack of support from work colleagues or management
• Difficult relationships with work colleagues or management
• Being subjected to bullying and/or harassment in the workplace
• Being discriminated against and/or victimised in the workplace
• Being subjected to a poor or unsafe working environment

 

Work-related stress is now widely recognised as a serious health and safety issue, and one that all employers must address if they are to comply with UK health and safety legislation. In other words, it is an employer’s duty to treat work-related stress like any other health hazard.

In particular, the employer is under a statutory obligation, so far as is reasonably practicable, to ensure the health, safety and welfare of all employees. In doing so, the employer must identify any health and safety risks which employees may be exposed at work, including risks to employee’s mental health, and take measures to control any identified workplace risks.

Additionally, the employer is under a duty to consider any mental impairment that amounts to a disability, making reasonable adjustments to ensure that employees are not substantially disadvantaged in carrying out their job.

The employer is also under a separate duty, where relevant, to prevent any bullying, harassment, discrimination or victimisation in the workplace, as well as to provide a safe place of work at all times.

 

What are an employee’s rights when signed off work with stress?

 

In the event that an employee is suffering from work-related stress, they will be entitled to take time off from work, and provide evidence from a medical practitioner of the reason for absence as they would for any other illness-causing absence.

While an employer is entitled to expect that employees can cope with the normal pressures of work, once they have been made aware of any work-related stress, or where an employee is showing obvious signs of illness, the employer will be required to take reasonable steps to identify and resolve any work-related factors that are causing or contributing to the ill health.

In particular, employees should expect an employer to take practical steps to help the employee minimise stress, including reviewing the job description, reducing workload, offering support and training where necessary, and giving consideration to whether they should be sent home for a period of sick leave.

Employees should be encouraged to be open about any issues they are facing with work-related stress by raising the matter directly with their employer, typically with their line manager or HR personnel. In response, employers should have systems in place to support their employees, such as making an occupational health referral for a workplace assessment.

 

Do employees need a sick note for stress-related absence?

 

If an employee is signed off work with stress for a period of more than seven consecutive days, including non-working days such as weekends, they will need to provide their employer with proof of work-related stress from a medical professional. This means obtaining a fit note from their GP.

If absent for fewer than seven days, they will be able to self-certify. In other words, they are to follow the organisation’s sickness absence procedure.

 

How long can employees be off work with stress?

 

An employee can be signed off work with stress for as long as their medical professional deems necessary, based on their health and recovery. The duration of the absence is determined by the fit note (formerly known as a sick note), which specifies the period the employee is considered unfit for work. Fit notes can cover periods from a few days to several months, depending on the severity of the stress and its impact on the individual.

The employee must have a fit note to cover any period of prolonged absence from work over seven consecutive days relating to the stress. Typically, the note will set out the nature of the condition for which they have been absent from work, any prognosis period and whether or not a further assessment of fitness for work will need to be made at the end of this period. The fit note may also indicate what changes may need to be made by the employer to support a return to work, such as a phased return to work, together with amended duties or altered hours.

If the absence extends beyond the initial fit note period, the employee may need to obtain additional fit notes to cover the extended time off.

Employers are generally required to accommodate the absence and provide support during this period, but they may review the situation if the absence becomes long-term. For prolonged absences, employers may consider options such as occupational health assessments to explore return to work plans or adjustments.

 

 

Can you contact employees who are absent with stress?

 

By law, there is nothing to prevent an employer contacting employees during any period of absence for work-related stress. In many cases, given the nature of the condition, employees may expect the employer to maintain some form of contact, either by way of email or telephone, not least to prevent any feeling of isolation.

That said, there is a fine line between the employer being supportive and the employee feeling pressured into returning to work before they are ready and fit to do so. As such, any contact from the employer should only really be made in order to obtain an update as to the employee’s wellbeing and recovery, and, when they are ready, to facilitate the logistics of a return to work.

In particular, any contact when an employee is signed off work with stress should not be used to ask the employee to undertake any work-related tasks, and certainly not to deal with any potential disciplinary or grievance issues that may have arisen in consequence of work-related absence or otherwise.

 

Does an employee get sick pay for stress-related absence?

 

If an employee has been signed off work with stress for more than four consecutive days, they will generally be entitled to Statutory Sick Pay (SSP) as a minimum, or any contractual sick pay entitlement provided by the employer.

To qualify for SSP, the employee must earn an average of at least £123 per week. They are also required to notify the employer of their illness within the timeframe specified in their employment contract or, if no specific timeframe is stated, within 7 days of becoming ill.

If eligible, SSP is paid at a rate of £109.40 per week (as of April 2024) for up to 28 weeks. Employers can choose to provide enhanced sick pay through an occupational sick pay scheme, which may offer more generous terms than the statutory minimum.

While many employers provide occupational sick pay as part of their benefits package, there is no legal obligation to do so. The terms and conditions for sick pay, beyond SSP, are determined by the employer and should be clearly outlined in the employment contract or company policy.

 

Tips to support employees signed off work with stress

 

To support employees signed off work with stress, employers should consider the following:

 

Maintain Open Communication

Regular, empathetic communication is vital. Check in periodically to express concern and offer support, but avoid pressuring the employee to return to work prematurely. Ensure all interactions respect their privacy and preferences.

 

Offer Access to Resources

Provide information about available support, such as counselling services, Employee Assistance Programmes (EAPs), or mental health helplines. Ensure they know how to access these resources during their absence.

 

Respect Medical Advice

Follow the recommendations outlined in the employee’s fit note. If adjustments are suggested, such as reduced hours or modified duties, be proactive in implementing these changes.

 

Prepare for a Return to Work

Work closely with the employee to develop a structured return to work plan, including a return to work interview. Discuss any necessary adjustments, such as flexible hours, phased return, or reduced workloads, to ease their transition back into the workplace.

 

Conduct a Stress Risk Assessment

Identify potential workplace stressors and take steps to address them. This could involve reviewing workloads, improving communication, or promoting a better work-life balance across the team.

 

Develop a Supportive Environment

Promote an open culture around mental health. Provide training for managers to recognise and address signs of stress and encourage employees to seek help without fear of stigma.

 

Seek Expert Advice

For long-term absences, consider involving occupational health specialists to assess the employee’s needs and provide recommendations for their return to work.

 

 

Can you dismiss an employee off work with stress?

 

If an employee has been signed off work with stress on a long-term basis, the employer is not legally obliged to keep the job available on an open-ended basis for the employee.

As such, it is entirely possible that an employer could pursue disciplinary action against the employee for being incapable of carrying out their job role due to long-term sickness. In doing so, they must follow a fair process before making any decision to take action such as a warning or dismissal.

As part of the procedure, the employer should investigate and take professional advice on the underlying medical reasons for the absence.

In contrast, where there is clear evidence that they are suffering from work-related stress, or even stress caused or contributed to by other factors, in circumstances where this amounts to a disability, the employer must not discriminate against the employee because of this.

In this context, the employer should only look at dismissal as a last resort, first exploring how they can assist with a return to work by making reasonable adjustments within the workplace. This could include, for example, allowing the employee to make a phased return to work, or undertaking amended duties and altered hours, such as part-time or flexi-work.

That said, where the employer has made all reasonable adjustments but the employee is still unable to do the job due to a disability, the employer may be able to lawfully and fairly dismiss the employee. They will be classed as having a disability if they have a mental impairment that has a substantial and long-term negative effect on their ability to do normal daily activities.

Should the investigation reveal that the absence from work, on either a short-term or prolonged basis, is not stress-related, the employer might construe the absence as a form of gross misconduct for which the employee could be summarily dismissed without notice or pay in lieu of notice.

 

Legal risks of stress-related sickness absence

 

Employers will generally endeavour to keep a job open and support an employee’s return to work. However, where disputes arise as a result of stress-related absence, employers may be faced with the employee lodging a formal grievance at work, both in relation to the root cause of the stress and alleged unreasonable refusal by the employer to allow the employee to take time off to recuperate or allegations of detrimental treatment at work by reason of any stress-related absence.

This may result in a constructive dismissal claim, where the employee feels forced to resign in response to any failure on the part of the employer to remove or resolve the root cause of work-related stress or, as above, for any unreasonable refusal to agree to sick leave or by treating them unfairly for any stress-related absence.

In practice, a pragmatic solution may be to negotiate an exit through a settlement agreement, where the employee and employer agree some form of mutual termination of the employment contract, typically in the form of a lump sum financial package, in return for which the employee would agree not to make any future tribunal claim.

 

Need assistance?

 

Our employment lawyers and HR specialists work together to support employers with all forms of workforce management, including absence management, stress management and absence-related disciplinary action. If you have any queries relating to an employee who has been signed off work with stress, we can help you understand your options to support the employee in recuperating and to ensure your best interests are protected should you be concerned about resolving the matter. For specialist advice for employers, speak to our experts.

 

Stress-related sickness absence FAQs

 

What does being signed off work with stress mean?

When an employee is signed off work with stress, it means a medical professional has certified that they are unable to work due to stress-related health issues. This is typically confirmed through a fit note.

 

Are employers required to pay sick pay for stress-related absence?

Employers are required to pay Statutory Sick Pay (SSP) if the employee meets the eligibility criteria. Some employers may also provide enhanced sick pay under a contractual sick pay scheme.

 

What are an employer’s responsibilities when an employee is signed off with stress?

Employers must ensure the employee is treated fairly and consider any reasonable adjustments to support their return to work. They should also maintain regular communication to offer support while respecting the employee’s privacy.

 

Can stress-related absences lead to dismissal?

While long-term absences may lead to dismissal in some cases, employers must handle such situations carefully. Dismissals should only occur as a last resort and after exploring all reasonable adjustments and return-to-work options.

 

How can employers help prevent stress in the workplace?

Employers can conduct stress risk assessments, promote a positive work environment, provide mental health support, and ensure workloads are manageable to help prevent workplace stress.

 

Is a fit note required for stress-related absence?
A fit note is typically required if the employee is absent for more than seven consecutive days. The fit note will outline whether the employee is unfit for work or if adjustments could facilitate a return.

 

What steps should employers take for a smooth return to work?

Employers should hold a return-to-work interview, discuss any necessary adjustments, and offer support to ease the employee back into their role. This might include phased working hours or reduced responsibilities.