Written and recorded by Steph Barber, Law Hound
hello. Welcome to this data loss session in relation to mental health on the workplace. This session is about mental health awareness in the workplace. I'm Steph Barber on I'm, a retired solicitor from Law Hound Limited on Guy was formerly a member off the Law Society's mental health accreditation scheme. Let's start by examining your duties as an employer as mind, the UK charity supporting mental health acknowledge. Unfortunately, mental health remains a taboo topic on so many people do keep quiet about their problems and dont get help. However, as mind point outs, one in four people in the UK experience a mental health problem and one in six workers experiences depression, anxiety or unmanageable stress on a further one in six experience. Symptoms of mental health, such a sleep problems and teak on. In fact, work related mental ill health costs the UK economy around £26 billion every year through lost working days, staff turnover and lower productivity. Your duties as an employer regarding mental health awareness extends to both those with whom you work on those whom you provide services to under the equality At 2000 and 10 any business providing services to the public have a duty Triantis ip eight on did to make reasonable adjustments. So someone who is disabled is not disadvantaged on disability, of course, includes physical Andi mental disability. And since the Equality Act 2000 and 10 does not specify what particular adjustments to make, you need to decide what is most appropriate on that. Something would examine at a later stage. So what is your duty as an employer? Well, of course, as an employer, you have a duty of care under the Health and Safety at Work. Act 1984 On that duty is to protect the health, safety and welfare off all of your employees. That duty includes assessing the risks arising from all hazards at work, including work related mental health problems. As mind promotes to create a mentally healthy workplace, you need to develop a comprehensive strategy that promotes well being for all stuff. Tackles work related mental health problems on support, stuff who are experiencing mental distress, the benefits off this of, of course, they're not only compliance with the law but will also help create a place where employees want to work on, Consequently, will perform at their best as a professional, you also have to consider your duties, and that includes the Mental Capacity Act 2000 and five on. When a perspective or current client gives you instructions, you may have concerns about their capacity to do so on under the Mental Capacity Act 2005 or the emcee A on the EMC, a code of practice. You can't just assume that someone lacks capacity because you think that they do. Instead, you must says Seca pass ity prior to taking any instructions. Taking into account the principles set out within the M C A and the M C A. Provides that a person will like capacity if they are able to make a decision for themselves or because of mental incapacity. And someone lacks the capacity to make decisions if they are unable to understand the information relevant to that decision to retain that information, to use a way that information as part of the process of making the decision or to communicate their decision in any way. And that's whether by talking using sign language or any other means. If after speaking to your prospective or current client, you still have concerns about their capacity to make a decision, you may want to get expert opinion As a lawyer, you also have to consider your duties under the solicitor's regulation authority or S R. A. And of course, your own ability. The S r. A. Principles embodied the key ethical requirements on firms and individuals who are involved in the provision of legal services on the principles which are of particular relevance to standards of service and relate to mental awareness. Include principle to you must act with integrity principle, for you must act in the best interests off each clients principal. Five. You must provide a proper standard of service to your plans principle. Six. You must behave in a way that maintains the trust the public places in you on the provision of legal services on principle. Nine. You must run your business or carrier out your role in the business in a way that encourages equality of opportunity on Driss Pecked for diversity, each solicitor must provide a proper standard of service to their clients. If it any time during your professional career, you feel that you are not coping as well issue should be or you feel that you should be getting some help, then it's actually your professional duty to seek, appropriates, help. And, of course, where relevant, take time away to enable you to do this on. Well, look later on at the potential support that the S R A can provide you in these circumstances. Let's have a look at how you fulfill your duties as an employer with assessment and of course, risk Assessment, as recommended by the Health and Safety Executive, includes identifying the risk factors considering who could be harmed. Evaluating the risk, recording your findings and monitoring and reviewing the situation in terms off mental health. Charity Mind suggests the good place to start is by assessing your workplace by actually taking time to talk to employees. Mind suggest Also incorporating questions about mental health into any stuff. Survey. Using questions such as. Do you think that work has an impact on your mental well being? Do you think that your mental well being has an impact on your ability to do your work? Have you noticed work having an effect on your colleagues mental well being? Are you affected by your colleagues? Mental health Do you know how your organization manages workplace mental well being a mind also suggest that you make it very clear to respondents that their responses will be used anonymously on. They should elaborate on any yes or no answers. Andi. In undertaking this assessment, you may even wish to ask an external organization to assist and, of course, to fulfill your duties as an employer. Once you've undertaken a proper risk assessment, you have to plan and then act on helpfully. Organizations such as mind and a cow's working together with the NHS have identified some crucial areas when planning for the mental well being of your organization and provide guidance as to how to apply good mental health practices within your workplace. Firstly, promote understanding and awareness. Ensure that all staff, particularly those responsible for managing others, know Onda understand the signs of mental health issues, for example, ensure that staff were aware of the types of mental health issues on their symptoms. A counts advise that there are three things you can do to help maintain the mental health of your employees on help those with existing mental health problems remaining work on continue to be as productive. Firstly, spot signs this may initially mean taking a note of what you see as you walk, crowns your office or in a team meeting on, then choosing the right moment to intervene. Secondly, engaging with the problem, don't ignore it on. Don't try and take on the role of councillor yourself unless you happen to be suitably qualified to do so. Instead being mindful of your duties, be ready to sign post to appropriate help, whether that's local or national services. Or perhaps you've even got an employee assistance program. And the third thing a cow's advises keep a watching brief. However, as a CASS, do you say this is not necessarily merely passively observing, although in some circumstances that could be the best option. Instead, it's about promoting awareness of mental health issues and creating a culture where employees feel they can talk about their concerns. Onda about having communication channels open to facilitate that's and of course, egg has do advised that it's important to bear in mind that the state of mental well being with the person is fluid. It changes over time. The second thing towards fulfilling your duties is to promote well being, to create mentally healthy workplaces on in line with health and safety executive management standards for tackling stress. Consider the following the demands, including workload, work patterns and work environment. A person's role to ensure the individuals understand their role within the organization, ensuring there are no conflicts. Consider control the an individual house about how and when they work. You should also consider change how organizational change, no matter how small, are large, is managed. I'm communicated within the organization. Consider the sports that you provide to employees, including encouragements. Sponsorship on any resource is are provided on Finally, consider relationships within the workplace on this includes promoting positive working to avoid conflict on actually dealing with unacceptable behavior as soon as occurs. In practice, this means ensuring that your staff have a good work life balance. And so it's encouraging employees to take a lunch break away from their desk, for example, understand that constantly working long hours actually lowers productivity on results in poor performance. It's also about exploring introducing a flexible our scheme. On occasion, we only time off to visit the opticians or perhaps those with school Children need to attend school or school events if your stuff able to fit their lives around their workload, for example, the medical appointments or school activities. They will feel more committed to your organization. It's also about encouraging exercise and social events. Physical activities do boo staff, health, teamwork, Andi. Mental well being. It's also about being really clear with all stuff that they understand their responsibilities. Andi EXPECTATIONS. If stuff really know and understand what's expected off them, it will motivate them on in turn, that will help you achieve your organization's goals. It also means making sure the employees are engaged with that work. Make sure that you take the time to engage with and speak to all members of staff. This will give, you know, only a better idea of what's happening, but also staff there involved and know your organization Plans will be more motivated and again will help you meet your objectives. And finally, it's about generally promoting positive working relationships That includes relationships with obviously stuff and managers, but also amongst the staff themselves. And thirdly, towards fulfilling your duties, tackle the causes of mental ill health. It's vital to create a good and supportive working environment, including a good physical working environment, taking into account equipment, noise temperature, light, etcetera. Having clearly defined roles with impartial on supportive supervision structures on managing workloads to ensure they match employees abilities. Andi experience are very important. It's also about involving the employee letting the employees have some say in how and when they were. A good working environment also means reasonable and agreed deadlines for work completion where possible, reduce repetitive duties are released in disperse them with other duties. Encourage open and frank communication. Encouraging employees to express any concerns regarding any issues which could compromise personal or professional standards on Have policies in place to deal with personal issues such as illness. Brief until stress regular team and staff catch up is important on. Also, consider having a mentoring scheme. Other working environment factors include ensuring that there are employees opportunities and training and developments on ensuring that everybody's aware off those, but also very helping support that's available generally promoting inclusion on, of course, having accessible policies and guidance to challenge inappropriate behavior, such as bullying, racism and sexism. And finally, when fulfilling your duties, you also need to support stuff as and when they need it. Mind recommends that as soon as you become aware of a stuff member experiencing mental distress, you should firstly establish an honest, open communication with them. Secondly, focus on the person, not the problem. Ask the person involved. Whether they need adjustments to be made their workplace conditions. They will often have all the expertise about their own condition that you'll need to help them to manage the ups and downs of that condition. And thirdly, when employees do take periods off sick due to mental health, remember that they still have valuable expertise and experience keeping contact with, um, make sure that they know that out of sight is not out of mind. Explore adjustments that might be required to aid their return to work on discuss options, such as a phased return to work that allows the person to build up slowly. Andi to prevent a relapse. Of course, part of fulfilling your duties is making sure that you make reasonable adjustments in respect of any disability, including any mental health disability. It's about making sure the disabled person has the same access to everything that's involved in getting and doing a job as a non disabled person. As far as is reasonable on day cast provide some guidance as the type of reasonable adjustments and support that you should consider providing for people experiencing mental ill health. Firstly, schedule modification, for example, flexible hours or allowing stuff more frequent breaks on allocating them according to their own needs. Consider job modification. Reevaluating workloads, reassigning risks and perhaps job sharing. Modifying the environment, making policy changes. For example, extending additional paid or unpaid leave during hospitalization or other absences and allowing additional time for workers to reach performance milestones. Allowing employees to make phone calls during the day. Too personal or professional support. Providing a private space for employees where they can rest or talk with supportive co workers and perhaps even allowing an employee to work from home. Provide human assistance, for example, in the form of a job coach. Provide technological assistance such as software, which enables a staff member to structure time and received prompts throughout the day or a suitable device to enable employees to work from home or unusual hours. Consider any special supervisory considerations such as additional support. Additional training on finally generally take proactive steps steps which make the overall work environments more accommodating to people with a mental health issue like specialized training to help employees achieve promotions. Modifying job descriptions. Andi ensuring that co workers are sensitive to the experiences off people with disabilities. What help and support does C s are a provide in terms of mental health. In 2016 the S R a. Launched the initiative Your health, your career, Recognizing that solicitors have responsible and challenging roles, often in high pressure environments on that can take its toll on health and well being, which can have a really impact at work. They say the initiative highlights the importance of managing the risk of ill health early to stop problems spiraling out of control as regulator. The sorry of therefore, pledged to make sure solicitors are properly supported to do the best job they can to make it as easy as possible for people to let us know if things are getting difficult on to find the right support the right time. They've also pledged to ensure that they are understanding insensitive to anyone with a well being issue who finds themselves under investigation by them and to ensure solicitors contort them if they're worried about health and how it's impacting upon their role or business on. Finally, they've pledged to be committed to understanding each individuals needs if they're struggling. The S r a also offer tailored, sensitive support for individuals or firms under SRE investigation to sign post two sources of help, including a Web page on their website. They'll extend deadlines where possible, ensure communication is sensitively handled on. They provide practical advice from the professional ethics team. They also have a small firms call back service to discuss any regulatory matters. Andan inclusive, reasonable adjustments policy which could be found on the website. Finally there. Sorry. Make it very clear that above all, solicitors should not hesitate in getting help as and when they need it. And that concludes this session from Data Law. Thank you so much for joining me. Steph Barber on the session.
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