I have noticed that since implementation of FSA-compliant systems, out of over 25 staff presently employed I have two staff absent with 'stress/depression' related sick-notes.

Is this unusual for ourselves or are other firms suffering similar situations?

One of my concerns is judging competency levels when staff return from such an absence. Competency is to my understanding based upon a clear and logical state of mind. How can I make such a decision without the relevant medical qualification?

If I call it wrong I appear to be damned, as either the FSA will find me in breach of not having competent staff or the industrial tribunal will find me in breach of human rights, employment law, disability law and whatever else I've innocently breached to comply with FSA rules over competency.

Can anyone throw any light on the matter? Or, tongue in cheek, do I have any recourse to the FSA or government?

Name and address withheld