The following details have been supplied by the TUC:

In a move described by the TUC as a ‘significant advance’, new Health and Safety Executive (HSE) guidance now says the safety regulator may act where an employer fails to address workplace harassment risks.

The HSE investigation policy change comes three months after it was accused by the union-backed Hazards magazine of having an ‘enforcement anomaly’ and a ‘prevention blindspot’ on workplace harassment.

The new official guidance on ‘reporting a concern’ about work-related stress repeats the watchdog’s long-held line that: “HSE does not seek to apply the Health and Safety at Work Act where there is other more specific legislation or a more appropriate regulator,” and adds: “Cases of bullying and harassment would more commonly be dealt with as issues of discipline eg. breaches of policies on expected behaviours, discrimination, victimisation or equality.”

But it now says HSE may instigate a safety investigation into bullying or harassment “if there is evidence of a wider organisational failing.”

TUC head of safety Laurie Heselden commented: “The TUC and affiliated unions have been pressing the HSE to expand its criteria for investigating complaints about work-related stress, so we are pleased to have won the argument, and we welcome this positive step by the HSE.” He added: “The HSE’s guidance to employers and managers is good in principle, but it is important to make it effective in practice. It is right that the HSE should focus on potential cases of unhealthy work-related stress that are structural, and that it should expect all usual channels of remedy to have been explored and exhausted, including representations by trade union health and safety reps. But the potential intervention by the HSE is a significant advance.”

The TUC safety specialist explained there was more work to be done. “In parallel, unions and other stakeholders must continue to campaign for a substantial increase in the funding for HSE activities, especially proactive inspections. It is good to win an expanded intent, remit and role for the HSE, but what we want and need, is expanded impact.”

The new guide says HSE stress investigations are appropriate where there is “evidence that a number of staff are currently experiencing work-related stress or stress-related ill-health.”