In recent years, we have learnt more about mental health in the work
place and how it’s important to promote a positive environment and support
those with mental health issues. An employer has certain legal obligations that
must be fulfilled if one of their employees has mental health issues. Hawley
and Rodgers, expert commercial law solicitors, discuss your legal obligations
as an employer when it comes to mental health issues.
Promote positive
mental health in the work place
Firstly it is important that you implement a plan to make sure you have
a positive working environment for everyone and not exacerbate any particular
situations, such as gender or sexuality.
Create a mental health
policy
Outline the commitment of your company to improving the mental health of
its employees. Let your employees know that they are encouraged to raise any
issues at an early stage and that they will be supported. Also, make everyone
aware of the services that are in place for those who are going through a hard
time or with continuous mental health concerns.
Review related
policies
There are policies in your business, which may be outdated. Review any
that may relate to mental health at work such as bullying, harassment,
performance management, absence and sickness. Make sure your policies are fair
and consistent.
Educate your team
Your team needs to be aware of possible causes and the support available
and to take an active role in helping each other. Policies outline your
position, but actions throughout the organisation help with awareness and
instilling confidence.
Risk assessment
Identify any potential causes of problems in mental health at your place
of work. When these have been identified, then consider what steps can be taken
to remove these risks wherever possible or at the very least, reduce their
impact.
Mental health champions
It can be difficult for employees to raise issues about their own mental
health directly with their team leaders. You can manage this situation by
appointing Mental Health Champions at your business. These employees can
receive training in how to identify and combat mental health issues at work and
these members can be your employees’ first point of contact should any issues
arise.
Employer’s obligations
When an employee has mental health issues that amount to a disability, your
obligation as an employer is to consider any reasonable adjustments that can be
made to help them carry out their duties. Reasonable adjustments can be changes
or modifications that reduce or remove things that are causing the person upset
or harm on a mental level.
The term ‘disability’ is defined as a ‘physical or mental impairment, which has a substantial and long-term
adverse effect on the person’s ability to carry out normal day-to-day activities’.
Common adjustments can include:
• changes
to their duties or role, either on a temporary or permanent basis
• altering their schedule or accommodating flexible
working
• additional
training and/or mentoring.
Your business and the circumstances of each employee are unique. Certain
adjustments may not be possible in larger or smaller organisation and may be
dependent on what resources you have available. If you are unsure, you should
seek legal advice.
Friendly Commercial Law
Solicitors
Hawley and Rodgers are experienced commercial
law and family solicitors who are happy to advise on legal matters in the
workplace. Contact us for expert advice on a range of matters by calling us on
01509 230 333 in Loughborough or in Nottingham on 0115 955 9000. You can also
email us at enquiries@hawleyandrodgers.com.
