MENTAL HEALTH & STRESS
SHOULDER THE RESPONSIBILITY
Now more than ever, employers need to know what signs to look out for and how they can help in relation to employees’ mental health. Catherine Wilson, Head of Employment and Partner at Yorkshire law firm Keebles LLP provides some top tips to help deal with mental health in the workplace.
workshops and appointing mental health first-aiders or champions. If staff feel they can talk openly about mental health, problems are less likely to build up. This could lead to less time off for a mental health issue and improved morale in the workplace.
If someone needs time off because of a mental health issue, it’s important to take the matter seriously and be supportive. You should check workplace sickness policies to find out how the absence should be managed. Keeping in touch with the employee during periods of absence is even more important in the context of mental illness. It is also important to remember that the amount of time off needed can vary. The employee might need continued support or time off after they return to work.
Employers owe a ‘duty of care’, meaning they must do all they reasonably can to support their employees’ health, safety, and wellbeing. This includes making sure that the working environment is safe.
A serious mental health issue can be considered a disability under the law if it has a ‘substantial adverse effect’ on the life of an employee, if it lasts at least 12 months or is expected to last 12 months, and if it affects the employee’s ability to do their normal day- to-day activities.
A disabled employee has additional protection from either dismissal or detriment. Crucially, protection against disability discrimination is a day-one right. This means a disabled employee is protected, even before they have commenced work – plus, in the event of a successful claim, damages are unlimited and include an award for non-monetary loss in the form of injury to feelings.
There are various ways employers can help. Work with the employee to make the right adjustments for them, even if the issue is not technically a disability. Often, simple changes to the person’s working arrangements or responsibilities could be enough to accommodate an employee with mental health issues.
It’s helpful if employers create an environment where staff feel able to talk openly about mental health. Consider the introduction of an employee assistance programme which can offer counselling and on line confidential support. A good way to encourage positive mental health and open the conversation is by arranging mental health awareness training,
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Make sure you have an updated sickness absence management policy and related equal opportunities policy which is accessible by both your managers and affected employees. Equip all managers and staff with the right awareness training and encourage confidential conversations with staff if you feel there may be a mental health issue – if in doubt just ask them how they are.
Ensure staff know where to access support if they feel more comfortable talking to an external counsellor or mental health first aider.
Finally, always remember that an employee with a mental health issue can be disabled, so even extra care required as compensation is uncapped for disability discrimination claims and short-serving staff share equal protection with others.
www.keebles.com
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