Understanding of mental health issues is high on the agenda, thanks to the involvement of the younger members of the Royal family in the Heads Together awareness campaign which has seen the #oktosay hashtag trending.
Their activity gave an extra boost to this month’s Mental Health Awareness Week, but now the annual campaign is over, employers have an important role to play in making sure the message isn’t forgotten. By having strategies that focus on mental health as part of employee wellbeing, businesses can help drive individual support, as well as improving the bottom line. They may also avoid potential complaints or even litigation from staff.
Estimates by ACAS suggest that around £30bn is lost each year through lost production, recruitment and absence arising through mental health issues and it’s estimated that employers should be able to cut these costs by around a third, if they implement better management practices to support ‘mental-healthiness’ in the workplace.
Recent research by the Mental Health Foundation, the charity behind Mental Health Awareness Week, found that nearly two-thirds of people in Britain have experienced a mental health problem. The figure is higher for women than for men, and for young adults between 18 and 34 and people living alone. It’s a big issue, but often isn’t discussed and campaigners are keen to get everyone talking more, to understand that mental health problems can have a serious impact on an individual, even though they may not be visible in the same way as a physical condition. A recent workplace study found that those suffering from mental health issues were 37% more likely to get into conflict with colleagues, 80% found it difficult to concentrate and 50% are potentially less patient with customers/clients.
“It’s the cloak of invisibility that may mean things are ignored or potentially mishandled,” explained Sue Ball, Employment law specialist at Verisona Law solicitors. “There’s often an unwillingness to raise the issue, as people find it hard to talk about mental health. They may feel there is a stigma, or that it could have an impact on their longer-term prospects, if they feel they may be judged as not strong enough. Employers can help by putting support structures in place, with an open attitude to communication, which can drive better understanding as well as helping to address their legal obligations.”
In some cases, mental health issues may be classed as a disability under the Equality Act 2010, which makes it unlawful for an employer to treat a disabled person less favourably because of their disability, without a justifiable reason. Mental health issues may be considered a disability if they have ‘a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.’
- Centre for Mental Health
- Mental Health Foundation : research March 2017
- Chartered Institute of Personnel and Development
She added: “Where someone suffers from severe depression, for example, that’s not enough on its own to meet the definition of ‘disability’ under the Equality Act; the situation would need to meet the requirement of having a substantial, long-term impact on the individual’s abilities. But, whatever the extent of an individual’s mental health issues, all are equally in need of responsible support and protection from unfair or discriminatory treatment. There is a responsibility on the employer to tackle mental, as well as physical health in the workplace and hard-wire it into all aspects of their recruitment and employment policies.”
Tips for employers include:
- Have a policy that specifically addresses mental health issues and encourages everyone to feel able to talk about the subject, with a clear route to raise any problems. This should be well published across the business, as well as being included in the staff handbook.
- Encourage everyone to understand the issue, through disability and equality training, and equip line managers to identify potential mental health issues.
- Establish support networks for employees to access, whether HR-led internal support, or through external employee assistance programmes providing access to counselling, medical insurance or occupational health.
Sue further added: “Whether recruiting, or with an existing employee, it’s important to focus on the ability of an individual to do the job and, if they have any physical or mental impairments, to consider whether reasonable adjustments could be made to enable them to fulfil the role.”
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"Over the years, I have developed a great trust in my working relationship with Mike Dyer, Head of Commercial Law at Verisona. One of the things I value most is that he is always at the end of a phone. On the rare occasions he is unavailable, his secretary is always well informed and very helpful. Through Mike, I have met many other members of Verisona and, just like in the recruitment industry, they understand the importance of being treated like an individual. They make me feel valued and important to both them and their business. At Verisona, you always deal with real people who you know and are in a position to help. Most importantly, Verisona delivers. We recently had an urgent situation regarding the restrictive covenants of new members of staff. Employment specialist Susan Ball came in on a day off to listen to us, dissect and analyse the situation, and translate what we wanted to achieve into the best possible legal language and solution. This is just one example of the calm, efficient professionalism I have come to value from Verisona over the years. Verisona has a refreshing approach to the law. They are there when we need them, always easy to talk to, go out of their way to make sure that we understand what they are doing for us and why, and always get the best results".
Legally enforcing the tribunal award
To enforce the Tribunal award we applied to the Defendant’s local County Court for it to be registered and for permission to enforce the award.
The Court granted the application and on the Register of Judgments, Orders and Fines. As a result the Tribunal award would appear as a County Court Judgment which would likely affect the Defendant’s credit rating.
Time limits for enforcing Tribunal awards
It is worth noting that there is no time restriction for registering or enforcing a Tribunal award. You can enforce one even if it is several years old. In addition, it is usually possible to claim interest on the amount until you receive payment.
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