There are certain subjects that we try to avoid discussing because they are disquieting. Whilst mental health is generally better embraced in workplace conversation, ‘suicide’ remains a taboo. Yet the subject is one which manufacturers and their boards need to openly consider, as public sentiment and a change of attitude in the criminal regime suggest that directors should think how policies and processes intersect to meet regulatory obligations.
Never has this been more apparent than the last corporate manslaughter case of 2024. During this case it is alleged, staff at the hospital failed to take adequate precautions in removing high-risk objects that had been flagged as risky in previous incidents but were used in a tragic suicide.
It is exceptionally rare for suicide cases to end in criminal prosecution. Indeed, not one of the 20-plus lawyers at Eversheds Sutherland specialising in safety can recall a single instance in our combined 340 years of experience of such a case.
With mental health deaths not RIDDOR-reportable and with the HSE under-resourced to investigate wellbeing incidents, seeing the Crown Prosecution Service aggressively prosecute for corporate manslaughter gives pause for thought.
There has been a growing recognition of the importance of mental health in the workplace, and this is set to continue as we enter 2025.
The impact on business
Unfortunately, statistics related to mental ill-health and suicide in the UK remain high.
The Office for National Statistics shows there were more than 6,000 suicides registered in England and Wales in 2023 – a 7.6% increase from 2022 and the highest rate seen since 1999.
Recent data from the HSE and the Labour Force Survey shows that 16.4m working days were lost due to work-related stress, depression or anxiety in 2023/2024. Work-related ill-health and non-fatal workplace injuries cost UK employers an estimated £51bn per year.
This stark financial reality underscores the importance of fostering a workplace that prioritises its people. Going into 2025, we expect psychosocial hazards and psychological safety to continue to be a central tenet on the global safety agenda, bearing in mind it has already become a focal point for regulators and governments worldwide. The HSE’s 10-year plan, “Protecting People and Places”, highlights the regulator’s intention to focus on work-related ill-health, with a particular focus on ill-health caused by poor mental health and stress.
In December 2024, the HSE launched a month-long campaign on stress and wellbeing in the workplace. HSE has a stress management standard; the British Standards Institution is currently in the process of drafting a suicide prevention standard.
Soft vs hard safety risks
Many manufacturers see safety risk as being on front line labour, rather than back office staff. As such, back office staff are perceived as more removed from the local tragedies of workers and members of the public being killed or seriously injured in orthodox safety tragedies in factory lines and on the road.
This apparent ‘green’ safety metric can be misleading, masking underlying ‘soft’ safety issues which can be better managed to improve productivity, reduce absence and minimise the likelihood of serious harm. Sadly, some well-intentioned employers still wait until things go awry, missing weak signal events and blaming employees for somehow bringing about their own downfall after a mental health crisis or suicide.
Large organisations manage hard safety risks through a safety management system; a structured approach which is audited to prove assurance. Psychosocial hazards are much harder to benchmark and quantify although the same principles apply.
This latest development could lead to more cases of death by suicide being investigated as potential criminal offences if there is a perception of contribution to the death on the part of employing or other responsible organisations. Their effect could change the way organisations across manufacturing sectors approach health, safety and welfare.
‘Suicide will remain key issue’
Psychological safety is a crucial aspect of workplace well-being, where individuals feel secure to express their thoughts, ideas, and concerns without fear of retribution or ridicule. This concept fosters an environment of trust and mutual respect, enabling employees to collaborate more effectively and innovate without hesitation.
We expect that suicide will remain an issue that is under the spotlight in 2025 and advise employers to consider how policies and processes comply with regulations and guidance (particularly where these may intersect with psychosocial hazards) and benchmark these against any industry guidance available.
There was nothing in the Labour manifesto heralding a change in regulatory position. However, if a police investigation results in the most serious offence in the corporate pantheon being charged when potentially egregious breaches are found, C-suite executives would be wise to consider how policies and processes meet public expectation.
There is already a tailwind of support for increasing organisational duties in this space. Our advice would be to ensure that anyone leading this area properly understands mental health and has appropriate competence. Risk assessments for suicide should not be carried out by those unqualified to do so.
