This week marks the 16th National Stress Awareness Day in the UK and with research showing that employee stress levels are rising in line with the demands of the 21st century workplace, a top Welsh solicitor is warning employers that they need to be doing more to combat workplace stress.

As well as the profound impact workplace stress can have on the individuals concerned it is also a serious employment issue that eats away at profits, reduces efficiency and contributes to valued staff members seeking alternative employment.

Stress is a complex workplace issue not only because it is difficult to identify, but also because there is no legislation in the UK which specifically deals with it. The rights and duties of employers and employees in relation to stress derive from a combination of different statutory and common law sources.

Employers are under a common law duty to take reasonable care for the health and safety of employees in the workplace. Most stress-based cases arise from the law of negligence.

This duty applies under the tort of negligence, on which personal injury claims are usually based. However, employees who suffer from stress related illnesses arising from poor employment practices may be able to claim for constructive unfair dismissal.

To succeed in a negligence claim, an employee will have to show that: an employer has breached the duty of care owed to the employee; this has caused the employee harm; or, harm of that type, as a result of the breach, was reasonably foreseeable.

In practice, most cases hinge on whether the employee's ‘injury’ was reasonably foreseeable by the employer. In this respect, it will be easier to show that damages resulted from, for example, bullying than it would in a stress related claim based on work pressures, as it is more foreseeable that the employee would suffer personal injury as a consequence of the former.

Tips for employers:

• If overwork is causing stress in the business, then try to reduce people's workload. Ensure that your employees' targets are challenging, but realistic, and encourage delegation of work, where possible.

• Make sure that your employees take their full holiday entitlement.

• Check individuals are well-matched to the jobs they've got. When you're hiring staff, make sure that your recruitment and selection procedures help you to do this.

• Review people's performance so that they know how they're doing. You'll then be able to get feedback from your staff about potential problems and identify any training they may need.

• Keep your employees' informed about your business' direction and make sure that you tell them about any significant changes to the business.

• Ensure that you have the proper discipline and grievance procedures in place to tackle bullying and harassment.

• If an employee is suffering badly from workplace stress, discuss with the employee concerned before you make any decisions. Don't leave them out of the loop.

• Consider whether the employee should be moved or work fewer hours, or otherwise vary their work. If they're off sick, keep in touch. Beware of the employment law implications of changing the terms of an employee's employment contract or of dismissing them.

• If your employee has experienced personal problems, such as a relationship break-up or an illness in the family, take a sympathetic approach.

• If necessary, enable and encourage the employee to seek further help through their doctor or a counselling service.