HSE increase their focus on work-related stress

A recent Notice of Contravention (“NOC”) served on a University demonstrates that the HSE are now focussing on one of their strategic objectives: reducing work-related ill health with a specific focus on supporting mental health at work.

Summary

Recently published HSE statistics (November 2025) show an increase in workers suffering from work-related stress. The HSE’s 10 year strategic objectives, first published in 2022 and reiterated in their 2023-2024 business plan indicated that the HSE would focus on supporting good mental health at work and it was widely anticipated that work-related stress may be an area of increased focus for the HSE. The HSE served a NOC on the University of Birmingham on 11.12.25, concluding that they do not have effective arrangements in place to manage the risk from work-related stress across the University.

Background

The latest HSE statistics for 2024/25 (published in November 2025) showed that 964,000 workers were suffering from work-related stress, depression or anxiety (new or long-standing) in 2024/25. This represents a significant increase on the 2024 figure of 776,000.

409,000 workers report suffering from a new case of work-related stress, depression or anxiety in 2024/25, again a large increase on the previous year’s figure of 300,000.

Prior to the COVID-19 pandemic the rate of self-reported work-related stress, depression or anxiety had shown signs of increasing. Since the pandemic the figures show a sharp increase.

A number that will concern employers is the 22.1 million working days lost due to work-related stress, depression or anxiety (an average of 22.9 days lost per case). This is almost one third higher than the 2024 figure of 16.4 million. In 2025 stress, depression or anxiety accounted for 62% of all working days lost due to work-related ill health.

It is clear that work-related stress, anxiety and depression is increasing, and it now accounts for 52% of all work-related ill health. Factors cited by respondents as the main causes were workload, particularly regarding tight deadlines, too much work or too much pressure/responsibility. Other factors include lack of managerial support, violence and bullying, and organisational changes at work.

HSE’s strategic direction

In May 2022, the HSE published their “HSE strategy - protecting people and places” - a 10 year strategy for 2022 to 2032. The HSE listed their strategic objectives, the first of which is that they will continue to help businesses take often simple steps to design out the risks to prevent work-related ill health, with a particular focus on supporting good mental health at work. Whilst progress has been made in reducing death and major injury, trends show work-related ill health is increasing with the most commonly reported causes in Great Britain now being stress, depression or anxiety.

Regulatory focus on mental health

The HSE are continuing to emphasise the need for organisations to demonstrate that they are managing risks to employee’s mental health and wellbeing and serving the NOC on the University of Birmingham confirms that they will investigate potential breaches of HSE legislation where they identify several employees experience symptoms and wider organisational failings. The HSE’s regulatory focus on mental health will continue and likely increase.

Investigation into the University of Birmingham

The HSE investigated the University’s arrangements for managing work-related stress. The HSE met with the Provost and Vice-Principal, the HR director and various other employees across a range of roles and levels, and undertook a comprehensive review and investigation of various documentation including stress management policies, risk assessments and sickness absence data.

Following their investigation, the HSE identified contraventions of health and safety law which were considered to be material breaches.

The University had measures in place, but they were considered to be ineffective at identifying, preventing and controlling the causes of work-related stress. There were also no effective systems for monitoring and review of the measures that were in place.

The HSE’s key conclusions were:

1. The University had failed to fully implement its stress management policy.
2. The organisational stress risk assessment failed to identify the key risks and control measures required to prevent work-related stress sufficiently.
3. The controls identified in the risk assessment were not adequate to reduce the risk of workers experiencing work-related stress.
4. Effective monitoring and review systems were not in place to check that the controls identified for managing work-related stress were suitable.

Within the above conclusions, specific points included:

• There were varying levels of understanding of individual roles and responsibilities in relation to management of work-related stress.
• Inconsistencies in training provided to those responsible for carrying out risk assessments.
• The stress risk assessment did not identify particular job roles that may be at higher risk and was too generic to consider specific key stressors associated with specific areas of the organisation and different roles.
• Employees had not been involved in the development of the risk assessment.
• Control measures identified were not implemented.
• Completion of training was inconsistent.
• Workers had not been involved in developing solutions for reducing workload.
• There was no formal structure for line managers to report cases of work-related stress centrally when they were identified locally, so the University did not have a complete understanding of the risk and where it might have high risk areas.
• There was no worker consultation to assist with managing and measuring health and safety performance in relation to work-related stress.

Overall, the HSE found clear and significant inconsistencies in managing arrangements and control measures for work-related stress. The lack of consultation and information gathering means they could not demonstrate sufficient understanding of the risks or assess the effectiveness of current control measures.

The NOC requires significant action to be taken including a review of current management arrangements, the stress management policy and risk assessment and set up of an effective monitoring and reviewing system. Depending on the University’s response further consideration may be given to whether further intervention is required. The timescale for compliance is tight with an action plan to be prepared by 28 January 2026.

What this means for Defendants and Insurers

The HSE’s objective of reducing work-related ill health and supporting mental health, combined with the increased figures published in November 2025, make it inevitable that this will continue to be an area of increased focus for the HSE in the coming months and years. This is likely to include tougher enforcement and regulatory prosecutions for organisational failures to manage employee mental health and wellbeing. Further action is anticipated.

As the HSE NOC demonstrates, having documents and policies in place is not enough. They must be considered to be effective in order for an employer to suitably satisfy its duty of care.

Employers should anticipate more investigations by the HSE in the upcoming months and years. Initial steps to raise awareness of the risks and educate the working world may well be followed by tougher enforcement action. It may only be a matter of time until the HSE pursues regulatory prosecutions, not just intervention, relating to organisational failures in managing employee mental health and wellbeing. Employers should review their risk assessments and policies, ensure they are regularly monitored on an ongoing basis and reviewed for effectiveness, and ensure employees are trained, informed and engaged. Reviews of the assessments and policies in place will be standard as part of any HSE inspection. Guidance is set out in the HSE’s management standards and that should be reviewed.

So what might this mean for claims?

HSE inspections are increasingly considering how psychological as well as physical ill health is prevented. If the HSE finds failings in risk assessments and policy documents, that will support foreseeability and the potential for a real risk of harm, meaning Claimants are more likely to succeed if they bring a claim, and claims numbers are likely to increase.

Now is the time for employers to work on improving organisational culture and workplace relations to reduce levels of dissatisfaction, review internal procedures for responding to employee concerns and ensure HR teams are trained.