Do you have a workplace Mental Health Strategy?

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It has been reported that 68% of UK Chief Executives see employee mental health as a priority, yet only 16% have a strategy in place to deliver better workplace mental well-being. One in four of us will experience a mental health problem at some point (according to the charity Mind), and Oxford Economics has estimated that the value of work performed by people with mental health conditions is worth £226 billion, or 12.1% of the UK’s economic output. The arguments in favour of employers introducing effective systems to manage mental health are many and obvious. We spoke with an industry partner to ask what is being done to roll out effective workplace mental health programmes and the legal risks for employers who are not.

Q: What should employers consider first when promoting better mental health and wellbeing in the workplace?

A: Firstly, it’s important to distinguish between initiatives that help employees stay healthy and those that form a structured programme to manage mental health at work. Many organisations promoting wellbeing offer benefits like healthy food options, exercise, and yoga. While these initiatives certainly contribute to wellness, they don’t directly address mental health problems when they arise.

Q: What is the starting point for employers who want to put a system in place to manage mental health?

A: The starting point is to publish a written policy on mental health, alongside an organisational Mental Health Plan (sometimes called an Action Plan). The policy outlines the organisation’s stance on mental health, its aims, key responsibilities, and where employees can go for support. The Plan, a management document, sets specific objectives (e.g. reducing absence due to mental health conditions) and identifies who is responsible for delivering these initiatives.

Q: Any tips on what to include or avoid in these documents?

A: Policies and Plans should align with the organisation’s culture and ethos. However, employers should be cautious about setting realistic targets and using careful wording. Over-promising can lead to issues, such as trust erosion or legal claims if expectations aren’t met. Consulting with an employment lawyer when drafting these documents is invaluable. It’s also useful to gather confidential employee data before updating the policy, ensuring that any data collected is securely stored.

Q: Once a Mental Health Policy and Plan are in place, what should employers focus on next?

A: Awareness training is essential. Employers should train all staff to spot potential mental health issues and guide them on who to approach for help. Some companies appoint Mental Health Champions or Mental Health First Aiders to be the first point of contact. Policies should provide clear guidance on what steps may be taken once a problem has been identified.

Q: What happens when a mental health issue is identified?

A: Ideally, an organisation’s Mental Health Policy will encourage employees to disclose their condition and seek help. However, stigma can prevent people from coming forward, and some may be unaware they even have a mental health issue. In other cases, the condition may only come to light during performance management or disciplinary processes.

Managers and HR professionals must have access to expert guidance. This can be a combination of legal advice and specialist mental health professionals. Training HR and Mental Health Champions to understand their roles and responsibilities is key to supporting employees effectively.

Q: Why involve specialists? Wouldn’t a GP or Occupational Health report suffice?

A: Mental health cases can be complex, and employees experiencing significant difficulties often need specialist care. Occupational Health doctors and GPs may not always provide the right treatment or diagnosis. Early intervention by a specialist can lead to a better outcome for both the business and the employee.

Employers often encounter issues when non-specialists are involved, such as delayed medical reports, lack of diagnosis, or unclear next steps. These delays can exacerbate the situation for both the employee and the organisation.

Q: What are the risks for employers who haven’t addressed workplace mental health policies and strategies?

A: Increasingly, employees expect supportive workplace mental health practices, and organisations without them risk losing talent. Legally, there are many risks, including:

  • Unfair dismissal: Dismissing an employee for poor attendance when the issue is related to a mental health condition.
  • Constructive dismissal: An employee resigns due to the organisation’s lack of support for their mental health.
  • Disability discrimination: Mental health conditions lasting 12 months or more are considered disabilities under the Equality Act 2010. Discriminatory practices or failure to promote/hire due to mental health concerns can lead to claims.
  • Failure to make reasonable adjustments: Employers are obliged to make reasonable accommodations for employees with disabilities, including those with mental health conditions.
  • Discrimination arising from disability: For example, not considering that certain behaviours (e.g. poor concentration) are linked to a mental health condition.

Disability claims can result in uncapped compensation, with some awards reaching over £400,000, highlighting the financial and reputational risks of getting it wrong.

Q: Why is workplace mental health gaining such focus now?

A: A significant portion of the UK workforce experiences mental health issues, and their contribution to the economy is substantial. There’s also growing public awareness, with high-profile business leaders speaking openly about their mental health struggles. Additionally, mental health problems are on the rise, particularly among senior management. To retain and attract talent, organisations must create a culture that supports mental health and acts proactively to address issues before they escalate.

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