World Mental Health Day is a good time to remind employers how important it is to take care of the mental health of their staff. Charities are often stressful places to work in these difficult times, and that can put more pressure on staff.
Why Does Workplace Mental Health Matter?
Taking active steps to promote and support the mental health of your staff is an important part of an employer's duty of care. Getting this right can boost wellbeing, aid productivity and improve employee retention rates. Conversely, ignoring concerns around mental health can result in costly disability discrimination claims and significant internal resource being allocated to managing long-term sickness absences.
Although mental health conditions such as anxiety or depression are not disabilities in themselves, they can be long-term and have a substantial effect on day-to-day activities, which can qualify for protection under the Equality Act 2010.
What about neurodiverse staff?
Neurodiverse people are statistically more likely to live with mental health issues and can experience heightened stress levels in their efforts to navigate a world designed for neurotypical people. Creating an inclusive workplace where neurodiverse employees can thrive benefits everyone — it leads to a more diverse workforce and helps organisations respond better to client demands.
Neurodiverse conditions can also be disabilities under the Equality Act. The law is also developing to clarify what employers should do.
Recent Employment Tribunal cases demonstrate the importance of adequately supporting and accommodating neurodiverse staff members:
- In Watson v Roke Manor Research Ltd, an employee with ADHD who was subjected to comments about sickness absence and questioned about his working hours. was found to have been subjected to less favourable treatment related to his disability.
- In Jarvis v The Department for Work and Pensions, Mr Jarvis, an employee with autism, succeeded in his disability discrimination claim in respect of his line manager's aggressive and belligerent behaviour which arose from the manager's exasperation with the effects of Mr Jarvis's autism.
- In Khorram v Capgemini, a senior IT worker diagnosed with ADHD was discriminated against where her employer failed to provide staff with relevant training on neurodiversity. The tribunal said that training could have helped Ms Khorram's colleagues understand how best to work with her, reducing some of the disadvantages she faced.
Implement Reasonable Adjustments
If an employee suffers with poor mental health, employers should apply a similar level of care as would be taken with a physical illness. Implementing reasonable adjustments can be both an effective tool to alleviate disadvantage and an effective method of supporting that person in fulfilling their potential.
Acas has published practical guidance on reasonable adjustments, including changing someone's role (including tasks or deadlines), breaking down work into short-term tasks, reviewing communication styles to help reduce the impact of conditions such as anxiety, and allowing someone to work from home or relocating their workplace to a quieter area.
Even where an employee's mental health condition doesn't meet the legal definition of a disability, employers should still consider applicable adjustments. Having a culture where employees feel their mental health is supported could prevent conditions from developing into disabilities or causing long or repeated periods of sickness absence.
Does Your Charity Have a Wellbeing Strategy?
Acas recommends that employers are committed to actively promoting positive mental health at work; managers need to understand mental health and be prepared to discuss it with their teams; and individuals need to look after their own mental health and ask for help when needed.
Putting in place a wellbeing strategy is a recommended step in demonstrating this commitment. Other suggestions include being reactive to causes of work-related stress, taking action to lessen the stigma around mental health, ensuring policies are in place to manage mental health, and supporting and providing training for managers.
Employees also have a duty to look after their own health at work. This includes noticing how and when they get stressed, using positive strategies to cope, asking for help from line managers when needed, and setting clear boundaries between work and personal life.
What Charities Should Do
Charities should, for good reasons as well as to avoid legal risk, make sure that their wellbeing strategy, policies, training and support offered reflects the rise in mental health issues and neurodiversity that we are seeing. Taking proactive steps now will create a healthier, more productive workplace whilst protecting your organisation from potential legal claims.
