University faces HSE investigation over stress claims
The University of Birmingham has been investigated by the Health and Safety Executive (HSE) after repeated complaints about work-related stress not being acted upon. Following an initial investigation, the HSE found the University to have material breaches of the Management of Health & Safety at Work Regulations 1999 (Regulations 3, 4 and 5).
Concerns were raised by staff and the University and College Union (UCU) about high levels of workplace stress and a perceived lack of support from management. The UCU claim that stress has been the single largest cause of illness-related absence at the University (with 17,525 days stress-related absence) between 2020 and 2024.
Stress risk assessment and the law
The Health and Safety at Work Act 1974 requires employers to safeguard the health and welfare of their staff. Notably, this includes psychological, as well as physical health and safety. The Management of Health & Safety at Work Regulations 1999 builds on the 1974 Act.
The law also places a duty on employers with more than 5 employees to assess risk. The law says employers must identify hazards to health, assess the risks and put in place preventive and protective measures to control those risks.
Reports suggest that the University had neglected to implement basic measures to identify and mitigate work-related stress, such as consulting employees about workplace pressures. This raised questions about its commitment to employee well-being and compliance with legal standards. The end result was that the UCU made a formal complaint to the HSE in 2024.
HSE writes to the University
The HSE engaged with the University in 2024, although it appears that the information provided by the University did not allay the HSE’s concerns.
The HSE wrote to the University, saying “I do not consider that your reply provides sufficient assurance that work-related stress is being suitably managed by the University.”
“This is because almost all your stated control measures are tertiary, or lagging measures, that deal with stress once it has become a problem” the letter continued “For instance, tracking the reasons why your employees access the employee assist programme and your staff survey being a lagging measure of the University’s performance.”
The UCU also allege that the University’s own policy makes each Head of College directly responsible for producing stress risk assessments, yet not a single one could reply with any evidence of a stress risk assessment when asked by the UCU.
The UCU allegations
The UCU said: “Although the University management are aware of significant stress hazards that exist, they have failed to identify any preventative or protective measures through a risk assessment approach.
“As a result, we reported this to the Health and Safety Executive, which is now investigating this as a potential failure by the University to act within the national safety legislation (Health and Safety at Work etc Act 1974).
“We are not confident the safety policies and structures the University has in place are fit for purpose. Despite having in place a stress policy, there are inadequate safety arrangements for implementing this policy and inadequate audit and assurance processes in place.”
The University response
A spokeswoman for the University was reported as saying “The safety and wellbeing of our staff is of paramount importance, and we have a number of services, training and support available, including a dedicated Health and Safety Services team, Occupational Health provision and Wellbeing team, staff networks, and 24/7 access to an Employee Assistance Programme.
“We are seeking to understand the request from the Health and Safety Executive and will engage with any relevant process.”
The situation serves as a stark reminder for all employers, especially HR managers, of the importance of stress risk assessments in protecting staff from harm, maintaining productivity, and avoiding regulatory scrutiny. By neglecting these responsibilities, organisations risk reputational damage, financial penalties and a disengaged workforce.
Read our simple guide to stress risk assessment to make sure your business stays on the right side of the law. The HSE has comprehensive and free materials available to support all employers too.
The HSE findings
The Health and Safety Executive (HSE) carried out a detailed inspection of the University of Birmingham’s arrangements for managing work-related stress, involving senior leaders, HR, and staff across the organisation, supported by a review of policies, risk assessments and sickness absence data.
The HSE concluded that the University was in material breach of the Management of Health and Safety at Work Regulations 1999, finding that its approach to work-related stress was fragmented, inconsistently applied and largely ineffective. The HSE provided significant detail in their response.
Stress risk assessments were either too generic or not carried out at all at local level, key risks were not properly identified, and staff were not meaningfully involved in shaping solutions. Despite evidence of long working hours and workload pressures, particularly among academic staff, the organisation had concluded that stress was not a significant issue, without drawing together the full range of available data or learning from local concern.
The HSE also found that existing control measures were not working in practice. Policies had not been fully implemented, training for managers was inconsistent, workload controls were not monitored, and there were no effective systems for reviewing whether actions taken were actually reducing risk. Crucially, the University lacked robust mechanisms to monitor stress trends, report concerns centrally, or consult with employees and unions in a structured way.
As a result, the HSE concluded that the University could not demonstrate a clear understanding of the risks posed by work-related stress, nor show that it had effective arrangements in place to manage those risks, prompting formal action and a requirement for a detailed, time-bound improvement plan.
Top tips for employers:
- Identify stressors: Conduct a risk assessment and record stress factors such as workload, control over work, support, relationships, role clarity and how change is managed.
- Consult employees: Engage with staff to gather insights on stressors they experience.
- Evaluate risks: Determine which stressors pose significant risks to employee health.
- Implement control measures: Develop strategies to mitigate identified risks, such as adjusting workloads, promoting your EAP or enhancing support systems.
- Monitor and review: Regularly assess the effectiveness of implemented measures and make necessary adjustments.
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