Employers have a “duty of care” which means they must do all they reasonably can to support employees experiencing issues and protect them from future harm.

Although this is a key responsibility for employers, employees also need to play their part by communicating their needs and joining in the conversation about how to make the workplace a better place.

Mental ill-health

It’s important to understand that employers need to take account of mental ill-health in the same way that they would for a physical health need.

The law (Equality Act 2010) states that someone with poor mental health can be considered  disabled if:

• it has a ‘substantial adverse effect’ on their life – for example, they regularly can’t focus on a task, or it takes them longer to complete tasks than someone else would take.
• This adverse effect will last, or is expected to last, at least 12 months
• it affects their ability to do their normal day-to-day activities – for example, interacting with people, following instructions or timekeeping

Poor mental health can be considered a disability even if someone doesn’t have symptoms all the time.

If a worker is disabled in any way, employers:

• must not discriminate against them because of their disability
• must make “reasonable adjustments”, changes to expectations, tasks, working patterns etc that will support the worker to continue in post

It’s very important not to make assumptions about what a particular worker needs just based on a diagnosis, or on your personal experience. Work with the affected employee to make the right adjustments and to assess how well the adjustments are working. This is the best approach even where the issue is not officially a disability. Often, simple changes can be enough, for example:

• allowing more rest breaks
• giving extra help with prioritising their daily workload

Workplace stress

The Health and Safety Executive (HSE) definition of stress is ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’.

Sometimes a certain amount of pressure can be good for motivation but where there’s too much the ongoing harm can have serious consequences. Your organisations leadership need to model the kind of behaviour and culture that guards against workplace stress  –  good work-life balance, immediate action where bullying is taking place, clear communication, positive and supportive feedback, worker autonomy, trust and accountability. A manager who works late every day is not only doing themselves harm, they are setting a very poor example to the rest of the workforce.

Stress isn’t an illness in itself, but if it isn’t tackled properly and in time it can have a real effect on a person’s physical and mental health  –  for example anxiety, depression, backpain and digestive issues. This will have a knock-on effect on productivity, team work and staff absence.

Causes of stress at work

There are a lot of different things that can cause stress at work, including:

• too many or conflicting demands  –  feeling unclear about whose instructions to follow, not being able to prioritise.
• poor working conditions  –  not having the right space or equipment to get the job done, lacking basic comforts and necessities
• Not having appropriate control, not able to take decisions about your own work
• lack of support or encouragement from managers and others
• bullying and conflict at work, particularly if these aren’t managed well
• not having enough training or skills to do a job
• low trust, leading to not feeling able to speak up about concerns
• change within the organisation, particularly where this is poorly managed and communicated

There are also a lot of non work-related reasons for workers to be particularly stressed, including money, relationship issues, caring responsibilities. Workers do not have to tell their employer about their personal problems, but line-managers should build relationships built on trust and accountability to encourage communication. If someone does disclose external issues they should be offered support where necessary, for example additional leave, time off for appointments, more flexibility in working patterns.

Larger organisations should look into providing an Employee Assistance Programme, a confidential counselling service paid for by the organisation.

Spotting the signs of stress

Workers should do what they can to look after their own health and wellbeing at work. If they are experiencing stress, they should talk to their manager (or someone else senior who they trust) as soon as they can. Managers should also look out for any signs of stress among workers but as with other mental health issues it’s important not to jump to conclusions about the issue or solution.

If signs of stress are spotted it can be helpful to have an informal chat. This can help both parties understand how the person is feeling and what support they need. Getting help in the early stages could prevent more serious problems later on.

Managers could encourage workers to do a ‘Wellness Action Plan’. This can help them to think about what’s causing them stress and talk to their manager and get the support they need

Use a Wellness Action Plan from Mind

Using a specialist Occupational Health service

An employer might use professional occupational health specialists to help them make decisions about a wide range of issues, including reasonable adjustments, return to work after a long absence, managing risks.

There are many external companies and agencies that provide this service. Before deciding on the right one for you, do your research including asking other organisations for recommendations.

Useful links

These are from ACAS (Advisory, Conciliation and Arbitration Service), a free government service that provides information and guidance on all kinds of issues around the law and best practice for employers and workers.

Managing mental health at work

Using occupational health at work

Disclaimer

We make every effort to ensure that our information is correct at the time of publication. 

This is only intended as a brief summary of relevant issues and information. Legal advice should be sought where appropriate. The inclusion of other organisations in this information does not imply any endorsement of independent bodies, they are just for signposting purposes.

Voscur is unable to accept liability for any loss or damage or inconvenience arising as a consequence of the use of this information.