Last month’s Mental Health Awareness week shone a spotlight on a mental health problem brought to crisis point by the pandemic. Isolation, loneliness, financial concerns and health fears have had devastating consequences for many people in their relationships and their ability to work. Felt by businesses of all sizes, the effects of employee poor mental health have hit SMEs particularly hard. Larger companies, keen on supporting their staff’s well-being, have the resources to make significant change, able to create dedicated mental health champions and offer a benefit structure that provides counselling and other external employee assistance programmes.
Not only is this not the case for SMEs, but their size and structure often make them particularly vulnerable to the effects of economic downturn and staff shortage. If you are the owner of an SME, you will no doubt dread prolonged staff absence and the consequent knock-on effect this has on your stretched resources.
Drawbacks of the ‘legal obligations’ solution
Currently, legislation and the standard processes written into company handbooks are lagging behind the societal view of mental health and, if you are dealing with workplace problems arising from an employee’s mental illness, you are likely to find that your company policies and the laws that underpin them fall far short of the mark. All too often, these policies focus on the consequences of mental illness such as absenteeism or reduced productivity rather than try to address or alleviate the cause. Typically bolted on to a business’s disciplinary process, the standard Capability Procedure’s principal aim is to get rid of the ‘problematic’ employee without incurring legal liability.
Because this area of law is outdated, exclusively following a ‘legal obligations’ route is at best a short-term but ultimately ineffective solution. The 47-year old Health & Safety at Work Act (1974) or the defensive approach against Equality Act based disability claims do little to help employers prevent mental health issues in the workplace or even adequately support employees who suffer from them.
Not only that, but failing to support your employees’ mental health has significant economic costs which could even threaten the viability of your business. A recent survey, commissioned by the Mental Health and Productivity Pilot and conducted by the Enterprise Research Centre, found that companies that fall short in taking care of their workers’ mental health risk saw their overall productivity drop by a quarter and a study by Deloitte claimed that the annual cost of sickness absence and high staff turnover to businesses in the UK is a staggering £45bn.
So, what else can you do?
Conversely, businesses that prioritise mental health and adopt a more imaginative and proactive approach than that required by the law will reap real benefits. According to a survey conducted by Mind, 60% of employees said they’d feel more motivated and more likely to recommend their organisation as a good place to work if their employer took action to support their mental well-being and there have been several studies linking well-being with productivity. It literally pays to prioritise this matter.
With limited resources, the best thing that you can do is to practise and foster good communication. Acknowledge the risk of mental illness, remove its stigma and be prepared to talk about well-being. Let your employees know that they can discuss their mental health and provide channels for them to do so.
Practically, you need to ensure that your employees are aware of the mental health support that is available and that you are sharing this information in a visible, transparent way. To this end, be mindful of how your employees interact with your company. If they’re desk-based, or working from home, emailing your staff with details of the mental health support that you offer is appropriate. For employees who do not have regular access to email, visible signs and posters around the workplace will help you to communicate available resources.
It is also important to be realistic and to avoid paying lip-service to mental health support. If you do not have the resources to implement ongoing provision in-house, do not claim to offer it. Advertising support that turns out to be non-existent could be more detrimental to staff morale than doing nothing at all. As an alternative, you could display resources from charities such as Mind and undertake a risk assessment from a mental health point of view so that you are aware of potential vulnerabilities and can mitigate their impact in a timely way.
How The Legal Director can help
While we are advocating a different approach to mental health support in the workplace, we appreciate that you may have questions about a particular employment matter that has arisen from mental illness. If you require clarification on your current legal obligations or need advice about sick pay, what constitutes disability discrimination or what rights your employees are entitled to around mental health, we are happy to answer any specifics and address any compliance or legal matters.
We can also help you develop a Mental Health policy that formalises your commitment to a mentally healthy workplace and puts mental illness on the same footing as physical sickness. The national focus on mental health will inevitably lead to legislation change in the future so it’s a good idea to prepare your business now and bring clarity to your mental health support. A Mental Health policy will also give you the practical tools to resolve performance issues or absenteeism in a way that gives the best chance of a positive outcome for you and your employee.
According to the Health & Safety Executive, stress, depression or anxiety account for the majority of work days lost due to work-related ill health (17.9 million). It would therefore make sense to put measures in place to mitigate mental health risks in the way that you do for risks to physical safety. Our lawyers can help you undertake a mental-health-specific risk assessment so that you are aware of the potential threats to your employees’ mental well-being and can tailor your support accordingly.
Please contact us on 020 3056 8538 or info@thelegaldirector.co.uk if you would like to discuss how you can practically support your employees’ mental health or if you have any other employment issues. Committing to a different approach will reap rewards that will benefit your employees and your business.
