Guide summary

Look at data you already hold, such as sickness absence, staff turnover and grievance records
Ask employees which of the six areas cause problems; HSE suggests focus groups of 6 to 10 people
Give each action in your plan resources, an owner and a realistic timescale, then share it with employees
Review your assessment if you suspect it is no longer valid or there is a significant change
Fix causes that affect groups first, then support individuals who are struggling
Include mental health in your first aid needs assessment
If poor mental health is a disability under the Equality Act 2010, you must make reasonable adjustments
Breaching the 1999 Regulations is a criminal offence; directors and managers can be prosecuted personally

Employer duties for managing work-related stress

Legal requirements for employers to assess and manage work-related stress under health and safety law.

Employers have a legal duty to protect workers from work-related stress by carrying out a risk assessment and acting on it. It is the same duty that applies to other health and safety risks, under section 2 of the Health and Safety at Work etc. Act 1974 and regulation 3 of the Management of Health and Safety at Work Regulations 1999.

Duty: Ensure, so far as reasonably practicable, employees' health, safety and welfare at work (HSWA s2)
Risk assessment: A suitable and sufficient assessment of risks to employees, including stress (MHSWR reg 3)
Definition: HSE: the adverse reaction people have to excessive pressures or other types of demand placed on them
Six areas of work design: Demands, control, support, relationships, role and change
Fewer than 5 employees: No need to write the assessment down
5 or more employees: Record the significant findings and any groups especially at risk (MHSWR reg 3(6))

HSE's Management Standards can help you identify and manage the six areas. They are guidance, not a legal requirement.

HSE: Management Standards (opens in a new tab)

Stress is not an illness, but it can make people ill. It affects people differently, so skills, experience, age or disability can all change whether someone copes.

Assess the six causes

HSE's Management Standards cover the six areas of work design that affect stress levels. They are not law, but they are HSE's recommended way to meet your duty. HSE does not expect you to meet all of them straight away: they are goals to work towards through continuing risk assessment.

HSE Management Standards for work-related stress

The 6 HSE Management Standards covering the primary sources of work-related stress that employers should assess and manage.

HSE's Management Standards describe six areas of work design that can cause stress if they are not managed well. They are guidance rather than a legal requirement, and are one way of meeting your duty to assess and manage the risk.

Demands: Workload, work patterns and the work environment. Employees can cope with the demands of their jobs, and systems respond to individual concerns
Control: How much say people have in the way they do their work. Employees say they have a say, and systems respond to individual concerns
Support: Encouragement, sponsorship and resources from the organisation, line management and colleagues. Employees get adequate information and support
Relationships: Promoting positive working and dealing with unacceptable behaviour such as bullying. Employees are not subjected to unacceptable behaviour
Role: Whether people understand their role and the organisation keeps roles from conflicting. Employees understand their role and responsibilities
Change: How organisational change is managed and communicated. The organisation engages employees frequently when change happens

HSE: Management Standards (opens in a new tab)

Run the assessment

Brief a small group

Include managers and employee representatives, and make sure everyone involved understands the six areas and that you are looking for the root causes in how work is organised.
Look at the data you already hold

Sickness absence, staff turnover, exit interviews, performance, disciplinary and grievance records, and occupational health or employee assistance data. Use more than one source and look for patterns, such as one team with high turnover and absence.
Ask your employees

Data gives only a broad indication, so ask which of the six areas cause problems and what would help. HSE suggests focus groups of 6 to 10 people, or you can use team meetings, appraisals and talks with a trade union.
Agree an action plan

Give each action resources, an owner and a realistic timescale. Agree the plan with senior managers and employee representatives, then share it and the timetable with employees.
Monitor and review

Check the actions are happening, ask employees whether things have improved, and compare turnover and sickness absence with where you started. If a solution is not working, act straight away rather than waiting for the next review.

MHSWR 1999 - Risk Assessment Review Triggers (Reg 3(3))

When risk assessments must be reviewed under Regulation 3(3) of MHSWR 1999, including the two statutory triggers and practical review situations.

Regulation 3(3) of the Management of Health and Safety at Work Regulations 1999 requires employers to review their risk assessment in two circumstances. In practice, HSE guidance identifies several common situations that should trigger a review.

Statutory trigger 1 (Reg 3(3)(a)): Review when there is reason to suspect the assessment is no longer valid
Statutory trigger 2 (Reg 3(3)(b)): Review when there has been a significant change in the matters to which the assessment relates
After an accident or near miss: Any incident suggests the risk assessment may not have adequately identified or controlled the hazard
New equipment or processes: Introduction of new machinery, substances, or working methods changes the risk profile
Changes to the workplace: Layout changes, relocation, building work, or changes to ventilation or lighting systems
Changes to the workforce: New employees, young workers, pregnant workers, or workers with disabilities may face different risks
New information about hazards: Updated Workplace Exposure Limits, new HSE guidance, or emerging evidence about previously unrecognised risks
Legislation changes: New or amended regulations may impose additional requirements on previously assessed activities

HSE - Risk assessment guidance (opens in a new tab)

Record the findings

Fix the cause before treating the symptoms

Focus first on organisational issues that affect groups of people. HSE's advice is that removing a stressor, or significantly reducing its effect, works better than managing many individual cases, and that people who return to the same stressor will be affected again.

Support individuals

Once an organisational approach is in place, help people who are already struggling. The earlier a problem is tackled the less impact it has, so encourage anyone who is finding things hard to talk to their line manager, trade union representative, GP or occupational health team. HSE's Talking Toolkit helps line managers hold those conversations, and you may need an individual action plan for someone who is already suffering from stress.

Include mental health in your first aid needs assessment, so you have thought about supporting people who become ill at work because of a mental health issue.

Simple changes to working arrangements or responsibilities, such as more rest breaks or working through priorities with the person each day, often help whether or not the condition is a disability. Poor mental health can be a disability under the Equality Act 2010 if it has a substantial adverse effect on normal day-to-day activities and lasts, or is expected to last, at least 12 months. If it is, you must not discriminate against the person and you must make reasonable adjustments.

If you do not comply

MHSWR 1999 - Enforcement and Penalties

Enforcement mechanisms and criminal penalties for breaches of the Management of Health and Safety at Work Regulations 1999, including improvement notices, prohibition notices, prosecution, and Fee for Intervention.

Breaching the Management of Health and Safety at Work Regulations 1999 is a criminal offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. Schedule 3A to that Act sets the penalties. HSE and local authority inspectors can also serve improvement and prohibition notices, and HSE recovers its costs through Fee for Intervention.

In England and Wales, a magistrates' court can impose an unlimited fine, up to 12 months' imprisonment, or both. In Scotland, the summary maximum is a fine of £20,000, up to 12 months' imprisonment, or both. On conviction on indictment anywhere in Great Britain, the maximum is an unlimited fine, up to 2 years' imprisonment, or both.

In England and Wales, courts sentence using the Sentencing Council's Health and Safety Offences Definitive Guideline (in force from 1 February 2016), which sets fines by reference to the organisation's turnover, culpability and harm. Directors and managers can be prosecuted personally as well as the organisation.

Offence: HSWA 1974, s.33(1)(c)
Magistrates' court (England and Wales): Unlimited fine, 12 months, or both
Summary (Scotland): Up to £20,000, 12 months, or both
On indictment: Unlimited fine, 2 years, or both
Improvement notice: Fix the breach within a set period
Prohibition notice: Stop the activity
Fee for Intervention (HSE rate from 1 April 2026): £188 an hour
Sentencing guideline (England and Wales): Sentencing Council, in force from 1 February 2016
Individual liability: Directors and managers can be prosecuted

HSE - Enforcement guidance (opens in a new tab)

Legal basis

Primary legislation and key regulations

Equality Act 2010 Primary 2010 · UK-wide Health and Safety at Work Act 1974 Primary 1974 · UK-wide Management of Health and Safety at Work Regulations 1999 SI 1999 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Change standard (opens in a new tab)

HSE · Great Britain

Role standard (opens in a new tab)

HSE · Great Britain

Relationships standard (opens in a new tab)

HSE · Great Britain

Support standard (opens in a new tab)

HSE · Great Britain

Control standard (opens in a new tab)

HSE · Great Britain

Demands standard (opens in a new tab)

HSE · Great Britain

HSE Talking Toolkit for stress (opens in a new tab)

HSE

HSE stress risk assessment guidance (opens in a new tab)

HSE · Great Britain

Reasonable adjustments for disabled workers - GOV.UK (opens in a new tab)

GOV.UK · Great Britain

Supporting mental health at work - ACAS (opens in a new tab)

ACAS

HSE Management Standards (opens in a new tab)

HSE · Great Britain

Work-related stress - HSE (opens in a new tab)

HSE · Great Britain

Manage work-related stress

Assess the six causes

Run the assessment

Brief a small group

Look at the data you already hold

Ask your employees

Agree an action plan

Monitor and review

Record the findings

Fix the cause before treating the symptoms

Support individuals

If you do not comply

Legal basis

Official guidance

Related guides in Compliance & Legal

Carry out a workplace risk assessment

Make reasonable adjustments for disabled employees

Provide first aid at work

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