Mental health is a highly complex and sensitive area. Managers may feel awkward addressing the issue or may not even recognise it. This can expose a business to claims, including disability discrimination claims if the employee has a long-term mental health condition and the business fails to make adjustments to workload or performance processes, or even personal injury claims. This is why informed training is so important.


POTENTIAL SYMPTOMS Management should look out for changes in behaviour – employees who are distracted, complaints of lack of sleep and tiredness, out of character behaviour such as aggression and low morale, indecisiveness in a person who is usually decisive, issues with memory and the mind going blank can all (amongst many others) be symptoms of anxiety and/or depression.


WHAT TO DO IF AN EMPLOYEE IS SUFFERING FROM WORK-RELATED STRESS? The other side of the coin is that, as mental health conditions are becoming more openly talked about, it is also more and more common for employees to be signed off with mental health conditions including work-related stress. The approach to this will depend on the circumstances and may involve referral to occupational health or simply a stress risk assessment upon the employee’s return. Employers may be under an obligation to consider reasonable adjustments and failing to do so could lead to claims of disability discrimination. However, employers should not be afraid to take necessary action to manage their business – if work-related stress is cited, poor performance and absence issues can (and in many cases should) still be addressed, they just need to be carefully handled and decisions need to be fully informed.


We advise businesses on managing complex mental health issues, including sickness absence, work related stress and disability discrimination. We offer training and guidance to HR, management and employees, develop action plans, and policies. We have employment lawyers who are certified Mental Health First Aiders.


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Diversity, Inclusion and Workplace Behaviours – The Business Agenda


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