Regulatory Podcast Episode 4: Overworked and Under Enforced – Stress in the Work Place

We are back with another episode of the Six Pump Court Regulatory Podcast! In the wake of Stress Awareness week, Doug Scott is joined by Mark Davies to explore one of the most under-enforced yet pervasive issues in workplace regulation: work-related stress.

Despite soaring rates of stress, anxiety, and depression – affecting an estimated 776,000 UK workers in 2023/24 – we’ve seen no prosecutions for failing to protect employees’ mental health.

Doug and Mark unpack the legal framework under the Health and Safety at Work Act 1974 and the Management Regulations 1999, asking why the enforcement statistics don’t align with the scale of the problem. They discuss the HSE’s stated commitment to tackling work-related stress, the challenges of translating that into action, and the tension between civil and criminal liability in cases of psychological harm.

From the “Goldilocks” prosecution the HSE may be waiting for, to the surprising parallels between stress and physical safety risks, this episode examines how regulators and employers might adapt as mental health becomes the next frontier of workplace safety.

Listen with your favourite provider below:

Spotify

Apple

Citations

Health and Safety at Work etc. Act 1974

The Management of Health and Safety at Work Regulations 1999

Sutherland v Hatton [2002] EWCA Civ 76; [2002] 2 All ER 1; [2002] ICR 613

Barber v Somerset County Council [2004] UKHL 13 – House of Lords appeal from Sutherland v Hatton

HSE Strategy 2022–2032: Protecting People and Places