Failure to make reasonable adjustments

The Equality Act 2010 requires employers and service providers to make reasonable adjustments if an employee is at a substantial disadvantage compared to other people who do not have a mental health problem. The adjustments — for example, counselling, flexible working hours, a change in duties — should aim to remove any disadvantage suffered but should be realistic in balancing cost, effectiveness and practicality.

Adjustments should be made in consultation with the employee and be specific to their needs. It might be worth getting an occupational health assessment for advice if you have the resources.

Creating a safe environment for communication

For small businesses, creating a workplace culture that includes regular wellbeing conversations with employees can boost productivity and increase staff retention.

The stigma of mental health can be an elephant in the room, particularly when workers are not sure how their employers will react, whether they will be “judged” or if they will be treated differently.

Some 30% of employees report not feeling comfortable about talking to their bosses about mental health issues, let alone asking for advice or guidance. It is important that they do not suffer in silence. On the other hand, some staff prefer anonymity and digital surveys can help the more introverted to make their feelings known.

Situations most conducive to open discussions are where: mental and physical health are treated as equally important; employees have regular one-to-one meetings with their managers to talk about problems; and positive mental health is encouraged, for example through mental health awareness training or the appointment of mental health “champions”.

Takeaways

Poor mental health is a major problem as both employees and companies struggle with personal, financial and work-related issues driven by soaring costs, debt and employment security worries, unstable world politics and spiralling energy prices.

Matthew Pinto-Chilcott – Owner of Consensus HR comments: “Employers, Line Managers and members of the team in general all need to play their part in relation to mental health and Health in Safety in general as outlined in the Health and Safety at Work Act 1974.  All members of the team should ensure that the correct action is taken, should they be concerned for an individual, whether this is by personally speaking to them or highlighting it to a member of management.  Extra care should be taken to ensure that the individual concerned is not made to feel that they are being spoken about or treated differently but communicated with passionately and offered any support if needed and the correct professional medical advice sought.”