It is often reported in the press that the overall number of people reporting mental health problems is increasing. Work has a significant part to play in maintaining good mental health, and the World Health Organisation states that “decent work” has a positive impact on mental health, whereas poor working conditions are a risk factor.
The mental health of staff is also highly relevant to an employer’s legal duties. Employers have a duty of care to provide a safe working environment. This includes consideration of factors that may affect mental health such as excessive stress. Workers who are affected by a mental health condition may be disabled for the purposes of the Equality Act 2010. Failing to take their needs into account may give rise to discrimination claims.
All businesses should think about how the working environment affects the mental health of their staff, and what could be done to promote positive practices. Areas for consideration include:
Creating a supportive work environment
Where an employee is able to access support for any difficulties they are experiencing, this may prevent small problems from escalating. Employers should ensure that managers are regularly meeting with their teams so that there are opportunities for communication and employees should be encouraged to discuss any difficulties they are facing.
Providing adequate training
Managers should be given training to ensure they understand how to approach mental health in the workplace in a fair and sensitive way.
Carrying out risk assessments
Conducting risk assessments can help to identify risk factors so that these can be addressed.
Ensuring issues are not ignored
If there is a change in an employee’s behaviour at work, arrange a conversation so that appropriate support can be provided. Just because an employee has not told you that they are experiencing mental health problems does not mean you can ignore any issues that arise. As part of a disability discrimination claim, in most cases the employee must show that the employer was aware of their disability. An employer can be deemed to have awareness of an employee’s disability even where there has been no express conversation about this if the circumstances show that the employer ought reasonably to have been aware of the disability.
Taking a flexible approach to adjustments
If an employee seeks support to manage the effects of a mental health problem at work, focus on how you can accommodate rather than why you can’t. In some cases, taking advice from the employee’s doctor or occupational health can assist in ensuring that the employee is adequately supported, and the employer is meeting their legal obligations in relation to making reasonable adjustments for disabled staff.
While businesses are not expected to be experts in mental health, it is important that they are aware of the risk factors in their workplace and take steps to address this. A workplace that promotes good mental health practices is also likely to experience lower rates of absence and increased productivity and staff retention.
Nicola Smyrl is a partner at Taylor Walton Solicitors
This post was originally published on here
