The Employer’s Perspective
Mental health can be defined as how a person thinks feels and acts when faced with life’s situations. Mental health is how people look at themselves, their lives and other people in their lives; evaluate challenges and problems and explore choices. This includes handling stress, relating to other people and making decisions. We are all mental beings – in the same way as we are all physical beings. Thus mental health is just as important as physical health.
The Disability Discrimination Act (DDA) (2005) puts greater emphasis on mental health problems. The recent additions to the act have removed the requirement that mental illnesses be ‘clinically well-recognised’. This considerably widens the legal scope of what a mental health difficulty is. If a mental health illness has a substantial, long-term adverse effect on your ability to carry out normal activities, you are likely to be covered by the DDA. The Act does not provide a list of impairments that are covered. Instead it considers the effects of the impairment on a person. However, many people with a mental health impairment do not consider themselves disabled – but they have rights supported by the DDA. The DDA aims to end discrimination against disabled people in a range of circumstances including education, employment and the provision of goods and services.
There are many kinds of mental distress that people experience. No two individuals will be affected in the same way. The most common problems are:
You do not legally have to disclose a mental health problem unless you wish to do so or are asked directly about it during an interview. If you are asked specifically about your health or about a gap in your employment history and you do not disclose then you can be dismissed for deliberately withholding information. However, if no questions are asked and you don’t disclose mental health problems the employer could dismiss you if difficulties occur within the first year of your employment.
Research conducted by the Mental Health Foundation has found that nearly 3 in every 10 employees will have a mental health problem in any one year. The majority of these will be anxiety and depressive disorders. Mental health problems account for the loss of over 91 million working days every year.
The Health and Safety Executive recommends that a mental health policy should be an integral part of any organisation’s health and safety policy. The introduction of a mental health policy demonstrates an organisation’s commitment to this important issue.
Frequently the most difficult aspect of having a disability – whether that is physical or mental – is the attitude of other people. An equal opportunities policy covering mental health problems and raising staff awareness of issues of mental health through training along with a management commitment to a mental health policy can make a considerable impact on these. The Disability Discrimination Act (DDA) places a duty on employers to make ‘reasonable adjustments’ to prevent disabled employees being disadvantaged at work. The DDA also makes it unlawful for employers to discriminate on the grounds of disability. Many people with mental health problems will not require any adjustments to the working environment but by informing your employer of mental health problems it binds them to comply with the act and legally provide appropriate working arrangements when needed and to not discriminate against mental health problems when recruiting staff. People with long-term mental health problems may be eligible for assistance under the Access to Work scheme.
It is against the law for an employer to discriminate against a disabled worker because of his or her disability:
Naturally employers want the best person for the job. The DDA does not interfere with this. Complying with the DDA will ensure that you do not discriminate against employees on the grounds of disability and employ the right person for a job. It will also help you to foster good relations with your employees by demonstrating that you offer employment on an equal footing for all employees, regardless of any disabilities they may have.
Adopting good practice and complying with the duties and requirements of the DDA reduces the risk of costly litigation and bad publicity. Failing to do so could mean that you are brought before an employment tribunal.
The Access to Work programme is a government funding scheme run by Jobcentre Plus. It provides financial assistance towards the extra costs of employing someone with a disability. It is available to unemployed, employed and self-employed people and can apply to any job, full-time or part-time, permanent or temporary.
The funding available depends on the employment status of the disabled individual at the time of application.
Access to Work funding is made available for up to three years. A review of an individual's circumstances and support needs will take place if further funding is needed after this time.
The Access to Work programme is administered by Jobcentre Plus. www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/HelpForDisabledPeople/AccesstoWork
Note: Access to Work funding is not available retrospectively. It will not refund any payments that have already been made towards the cost of reasonable adjustments.
Employers have a legal responsibility to take reasonable steps to prevent unlawful discrimination. This responsibility should apply to recruitment, selection, training, promotion, dismissal and redundancy policies and practices. Although it is not a legal requirement a written equal opportunities policy shows a commitment to developing non-discriminatory personnel practices.
Employers can audit their workplace in order to identify areas of practice or culture that may be detrimental to mental health and endeavour to address these. It is also worth considering policies, such as a gradual return to work after a period of mental illness, in order to support and retain valued employees. Additionally you could consider giving time off work for counselling/psychotherapy appointments as you would for other medical appointments.
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