Paul Kelly, Head of Employment Law at Blacks Solicitors, discusses what employers should be aware of when it comes to supporting the mental health of employees following this year’s Time to Talk Day (4 February).
The COVID-19 pandemic has had significant and wide-ranging effects across society. Lockdown restrictions remain in place, and remote working continues to play a key role. As the ongoing effects of isolation are felt, the mental health of many people has suffered.
With people spending an average of 37 hours per week working1, the role of the workplace and employers in supporting the mental health of employees is crucial, even over video platforms such as Zoom.
Avoiding claims
Employers have a duty of care to protect the mental and physical health and safety of their workforce, and if this isn’t adhered to, this can expose you to a variety of claims from employees.
A work-related stress claim can succeed for a number of reasons, including a foreseeable risk to the mental health of an employee with a medically recognised psychiatric illness arising from their work, or reasonable steps weren’t taken to prevent or reduce that risk.
Employees who suffer from severe mental health issues and are considered disabled for the purposes of the Equality Act 2010 can also bring disability discrimination claims against their employer, alleging direct discrimination, indirect discrimination, harassment, and/or victimisation.
You can take steps to avoid claims by regularly reviewing your policies and procedures relating to mental health, equal opportunities and stress at work, as well as training employees on those policies. I’d also recommend offering a dedicated counselling helpline where practicable, or asking staff to become mental health first aiders.
Reasonable adjustments
You should be prepared to make adjustments to working conditions for any of your employees who are suffering from mental health issues if it’s reasonable in the circumstances.
Reasonable adjustments can take a number of forms and will very much depend on your employee and the support they require in the circumstances. Examples of reasonable adjustments you could consider include allowing time off to attend medical appointments or counselling, enabling a phased return to work for employees who have been off sick due to mental health issues, supporting an employee with a managed workload, and changing contracted hours or permitting a more flexible method of working.
If you’re struggling to understand what adjustments need to be made, there are a number of organisations which can offer support including ACAS, occupational health providers, and the Access to Work scheme operated by the government.
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A supportive environment
I think that a supportive working environment can give employees much-needed reassurance that mental health issues are not taboo. Fostering a culture where open conversations and communication about mental health are encouraged will make sure employees understand that they will receive the right support if needed.
You should consider encouraging your workforce to view mental and physical health as equally important, and make sure this is reflected in your policies. Regular one-to-ones with managers, arranging mental health awareness training, and appointing mental health ‘champions’ can all provide employees with the support they need should they suffer from mental health issues.
I believe that you should always take the mental health of employees seriously as this will make your business profitable, attract new talent and ensure everyone thrives. As the past 10 months have been so challenging, particularly as people are forced to continue isolating, it’s important that you regularly check in with your staff and make sure that your policies for dealing with mental health are fit for purpose.
When was the last time you encouraged your employees to engage in positive conversations about mental health?
If you’d like more information about how to support the mental health of employees, or would like to speak with someone about another employment law matter, please visit https://www.lawblacks.com/personal/employment-law/.
