Employers can find their own peace of mind in dealing with staff mental health issues

Ann Frances Cooney outlines the steps that business can take

With a number of highprofile personalities speaking out about their mental health recently, the stigma around this difficult topic seems to be diminishing. Nevertheless, it remains a sensitive issue and employerscan struggle to make the right call.

Figures from the Office of National Statistics show that 16 million work days were lost to mental health problems in the UK last year, 12 per cent of all absences. Employers often find it more difficult to manage a mental health-related absence than one relating to physical health.

To protect business interests, an employer may have to make tough decisions about an individual’s future and these decisions will have to be carefully considered to avoid jeopardising the employee’s recovery and breaching employment rights. Formulating a plan and sticking to it is key. Employers should get effective processes in place early to protect the wellbeing of staff. Often, employers take no action out of fear of getting things wrong which can lead to the very real risk of a legal claim.

As advisors to employers in a wide range of sectors, the most common mistake we see is a failure to follow procedures.

The easiest way for employers to avoid doubts around dismissals is to make reasonable adjustments to an employee’s working arrangements as early as possible. Failure to do so can exacerbate health problems, lengthen absences, and leave a company liable to the charge that they did not do enough to help. It is important that employers maintain communi-

cation throughout any absence. Even though this can be especially challenging in cases of stress or mental ill health, it is vital that communication channels remain open to ensure both parties are clear on what is expected.

Employers have a duty of care and may have to ask themselves: did we know they were suffering from mental ill health? Should we have seen there was a problem earlier?

If the employer knew a member of staff was suffering and did nothing, for example by reducing workload, providing a short leave of absence or providing a form of emotional support, the employer could be liable to a personal injury claim.

Employee Assistance Programmes (EAPS) are popular among businesses, providing a range of services to help with anything from work/ life balance to stress counselling. This can remove some of the burden from managers of dealing with health matters and reassure employers that staff have access to support.

It is important to ensure that staff know EAPS exist. They often lie unused in the depths of a staff intranet, so highlighting their other uses can make employees more likely to use them. For example, if the EAP can help employees with finding childcare or even in providing dry cleaning services, staff will be more likely to use its services for help when they are feeling the effects of mental ill health.

Employers are often very cautious when it comes to mental ill health. This is due to a lack of understanding of the condition, a lack of occupationally-focussed medical information and apprehension around employment law. A clear focus on the steps which should be taken, coupled with clear communication, can help employers balance business and employee needs and safeguard against legal proceedings. Ann Frances Cooney is a legal director in the employment team at Addleshaw Goddard.