Managing Mental Health and Legal Risks in the Workplace
Explore important aspects of mental health in the workplace, including legal risks, work-related stress, common issues, and the impact of COVID-19. Learn about potential mental health issues, legal obligations, work-related stress factors, and strategies to support employees during the pandemic. Stay informed to protect both employees' well-being and comply with legal requirements.
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Presentation Transcript
Employees mental health Legal risks and issues Legal issues Health and safety and claims Mental health and Covid-19 Guidance and support
Mental health in the workplace Potential mental health issues: - Stress - Depression - Anxiety - Bipolar disorder - Schizophrenia The law in summary: - Protecting staff from discrimination - Make sure the working environment is safe - Carrying out risk assessments
Work-related stress HSE defines stress as the adverse reaction people have to excessive pressures or other types of demand placed on them Work-related stress can lead to other conditions 2019 Acas poll found the most common causes of stress and/or anxiety for employees was: -Workload -The way they were managed -Work-life balance
Other common workplace issues Poor mental health can lead to: Low job satisfaction Lack of motivation Workplace disputes
COVID-19 The law still applies during the COVID-19 crisis The HSE is still investigating work related deaths, major injuries and dangerous occurrences The law is applicable to home workers Employers with people in their offices/on site should ensure that employees can follow Public Health England guidelines, e.g. social distancing and hygiene advice
Mental health during COVID-19 New routine for many employees either working from home or being put on furlough Employer s health and safety duty extends to employees working from home Keep lines of communication open, stay connected Maintaining work life balance, promote wellbeing Address concerns about return to work
Legal risks health and safety For employers, the main common law duties are: - A duty to take reasonable care for the health and safety of their employees, covering both physical and mental injuries. - A duty to maintain mutual trust and confidence.
Legal risks health and safety Health and Safety at Work Act 1974 (HSWA) imposes a general duty on employers to ensure, so far as it reasonably practicable the health, safety and welfare of their employees at work (s2(1)). This includes stress at work They have a duty to ensure so far as is reasonably practicable, persons not in employment who may be affected are not exposed to risks (s3(1)) Criminal law aimed at protecting employees and others who may be affected by work activities. Enforced mainly by HSE and local authorities
Legal risks MHSW The Management of H&S at Work Regulations 1999 (MHSW Regulations) - risk assessments - principles of prevention - providing necessary information to employees. - appointing a competent person to oversee general health and safety - up to date health and safety policy - training
HSE Management Standards Represent a set of conditions that if present: - Demonstrate good practice through a step-by-step risk assessment - Allows assessment through using pre-existing data, surveys and techniques - Promotes active discussion and working in partnership They cover six key areas: - Demands - Control - Support - Relationships - Role - Change
Legal risk issues potential claims Personal injury breach of duty importance of EAP, and vicarious liability. Breach of contract relationship trust and confidence, constructive dismissal. Unfair dismissal/Automatically unfair sickness management/ health and safety. Disability discrimination Harassment and Protection from Harassment Act 1997 prohibits course of conduct which amounts to harassment and which that person knows or ought to know amounts to harassment. Vicarious liability.
Liability for discrimination Vicarious liability Individual liability Possible defence * No need for two years service Unlimited compensation
Protection from harassment Employees may bring PfH claims because: Conduct does not need to be based on a protected characteristic No reasonable steps defence even if an employer has trained its workforce and has an anti-harassment policy in place it could still find itself liable for harassment e In England six years limitation, rather than the ordinary three-year limitation period for PI claims or three months for a discrimination claim in the tribunal Example compensation 850,000 conduct by peers
Thriving at Work Review 2017 Independent review by Lord Stevenson and Paul Farmer (Chief Executive of Mind) to look at how employers could support the mental health of their employees Deloitte analysis found poor mental health costs employers between 33 billion and 42 billion a year Set out six core mental health standards companies should implement regardless of size Accepted by Government in improving Lives paper Used to develop Health and Wellbeing framework
ACAS guidance Acas Health and wellbeing advice on: - Coronavirus and mental health at work; - Supporting mental health in the workplace - Using occupational health at work Acas suggests the factors managers can control when it comes to mental health at work: - Workload - Work variety - Work relationships - Involvement - Culture of disclosure - Communication - Bullying
Other guidance and support Guidance for line managers: Recruiting, managing and developing people with a disability or health condition Access to Work www.gov.uk/access-to-work Business in the Community www.bitc.org.uk Mind www.mind.org.uk Mindful Employer www.mindfulemployer.net NHS Choices www.nhs.uk.livewell/mentalhealth Remploy www.remploy.co.uk
Workplace tips Anonymous email address to contact H&S reporting channels Regular meetings with affected individuals Mental health awareness days promoting a culture of positive mental health discussions Training on mental health/ education for all staff members, including identifying signs of mental health issues Appoint mental health/ wellbeing champions Implement a wellbeing policy Create a mental health strategy Keep open communication Review effectiveness of practices ongoing
About Brachers Employment team Our Employment and HR team take pride in delivering employment law and HR services that are tailored to your needs. We are dedicated to listening and learning about your business to understanding the challenges you face, your ambitions, and how to retain, your key asset, your people. We are one the largest employment and HR teams in the South East, working alongside businesses with 60,000 employees in the region. We will always advise you on your options to enable you to make informed choices. We appreciate that business is about taking managed risks. Our commitment to you is that we will not sit on the fence but will make recommendations using the benefit of our judgment and experience. www.brachers.co.uk/employment Webinar supporter: Diversity HR Diversity HR is an established independent recruitment agency covering Sussex, Surrey, London and Kent. They have an outstanding reputation for HR recruitment, placing high calibre candidates within human resources jobs. Diversity HR offer a comprehensive, non-sales led, discreet and cost-effective recruitment service. They are essentially in-house recruiters with the ability to find candidates who match clients requirements. www.diversityhr.co.uk
