When it comes to physical disabilities UK employers have become better at understanding their obligations and responsibilities but there is still a huge disconnect with regards to mental health.
Perhaps it is because some employers are unaware that poor mental health is as much a disability as poor physical health. Maybe it is because these are often disabilities which you cannot see. Whatever the reason, it is important to for employers to look after staff mental health and to recognise when an employee might be impacted by ill mental health.
According to ACAS UK business lose over £30 billion a year as a result of lost production, recruitment and absence issues which are related to mental health.
When is Mental Health a disability?
People with illnesses which cause a long term and significant effect on their day to day activities are protected by law against discrimination. This can include staff with Depression, Anxiety, Alcoholism, Eating Disorders and Dementia to name a few.
The legal protection of employees with disabilities works in two ways.
(1) It prohibits them from being treated badly because of the disability. E.g. name calling, not giving an employee a job because of their disability.
(2) It requires employers to make reasonable adjustments for those who have a disability to enable them to do their job. E.g. support with managing workload and change of working hours.
Failure to protect disabled staff against disability discrimination can cost an employer dearly if the employee presents a claim at an Employment Tribunal. However, there are other costs, failing to acknowledge poor mental health can lead to high levels of absence or errors which in turn can impose strain on the rest of your team.
What can you do?
Here are a few simple things that you can do to support those with Mental ill Health at work.
● Remove the taboo, talk openly about Mental Health at work, Have literature in staff rooms, kitchens and notice boards and other places where staff might look.
● Promote healthy relationships and a clear reporting structure so that an employee knows who to turn to if they are feeling pressure.
● Have clear policies about Equal opportunities, Bullying and Harassment and Health and Safety.
● Provide all employees, workers, contractors and freelancers with regular Diversity Training
● Spot the signs, If you think a staff member might be struggling with their Mental Health offer them support.
If you would like or advice, support or training on how to manage Mental Health in your workplace, contact Jemma Fairclough-Haynes at Orchard Employment Law on 01634 564136 or visit www.orchardemploymentlaw.co.uk
It’s encouraging that this issue is being discussed but it doesn’t acknowledge the far trickier issue of mental health problems in small business, sole traders and freelancers. There needs to be an open discussion above the epidemic of mental health issues with people who work for themselves.