As today is Blue Monday, one of the most challenging days of the year for mental well-being, it is crucial for both employers and employees to focus on mental health in the workplace. Here, Beyond Corporate Employment Partner, Adam Pavey, looks at how employers can support their staff, the importance of systems for mental health protection, and the legal framework safeguarding employees in England and Wales.

1. Supporting Employees with Mental Health Issues: During the winter months, particularly around Blue Monday, employees may experience heightened mental health challenges. Employers can play a pivotal role in providing support through various means:

• Awareness and Training: Conducting mental health awareness programs and training managers to recognize signs of mental distress.
• Open Communication Channels: Encouraging an environment where mental health discussions are normalized and free from stigma.
• Access to Professional Support: Offering services like Employee Assistance Programs (EAPs) that provide confidential counselling.
• Flexible Working Arrangements: Allowing flexible hours or remote working options to accommodate different needs.

2. Systems for Protecting Employees: Implementing structured systems is key to safeguarding mental well-being in the workplace:

• Mental Health Policies: Establishing clear policies that outline the support available and the procedure for seeking help.
• Regular Check-Ins: Instituting regular one-on-one meetings to discuss workload, stress levels, and general well-being.
• Risk Assessments: Conducting regular mental health risk assessments to identify and mitigate potential stressors.

3. Approaching Employers About Mental Health: For employees, initiating a conversation about mental health can be daunting. Here are some steps to consider:

• Choose the Right Time and Place: Find a private and comfortable setting and a suitable time to talk.
• Be Prepared: Outline what you wish to discuss and what support you might need.
• Seek Support: Consider bringing a colleague or union representative for support if needed.

4. Legal Protections for Employees: In England and Wales, several laws provide protection to employees with mental health issues:

• Equality Act 2010: This act protects employees from discrimination due to mental health conditions considered as disabilities.
• Health and Safety at Work Act 1974: Employers have a duty to ensure the health, safety, and welfare of their employees, including mental health.
• Employment Rights Act 1996: Provides protection against unfair dismissal, which can include dismissal due to mental health conditions.

Conclusion: Mental health in the workplace is a shared responsibility. Employers must foster a supportive environment and have robust systems in place, while employees should feel empowered to speak about their mental health without fear of stigma or discrimination. As employment law specialists, we are committed to guiding both employers and employees through the legal and practical aspects of managing mental health at work.

If you have any questions or require any further advice on this topic, get in touch with our specialist teams today at hello@beyondcorporate.co.uk

[This blog is intended to give general information only and is not intended to apply to specific circumstances. The contents of this blog should not be regarded as legal advice and should not be relied upon as such. Readers are advised to seek specific legal advice.]