Support, record, and consult – How to deal with mental health issues for employees

Recent research shows that mental illness issues are rising in the population in general and are increasingly a reason for temporary and long-term employee absence in the workplace. While this may represent a step forward in the recognition of mental health problem in the UK, it is still an area where employers are unsure of how to proceed. The fear of getting it wrong and opening yourself up to legal problems, as well as the desire to do the right thing, can feel complex and even overwhelming. So, what should you do if an employee requests sick leave due to mental health issues?

Mental health is still a health issue

Firstly, it is important to remember that the area of mental wellbeing is not something to be treated any less seriously than any other health issue. An employee suffering from any health problems has rights and as an employer you are required to meet your legal obligations. This is also true of the employee. They are obliged to produce appropriate medical certificates and other evidence as required.

Be very careful about dismissing or grading different aspects of mental wellbeing. For example, ‘off with stress’ is often used with a sort of verbal wink to suggest that the person in question is playing the system. If you suspect this is the case, then there are things you can do to help ascertain the actual situation but, until you do, be wary of not treating these conditions with the seriousness they deserve. Fostering a workplace where gossip and accusations are not tolerated will help maintain an even-handed approach.

While there are some particularly important specific responses to be made surrounding mental health, standard practice in terms of reporting, pay and so forth, must still be followed.

Before you read the rest of this article, can I offer a quick reminder that when an employee reports a mental health issue to you, there are several vital areas to consider. For the common good of employees and employers, if you are not sure of how to proceed, are not confident in your response, or have concerns about any part of this article, particularly the final paragraphs, call us.

Initial response

Naturally, as the employer, you will want to express support for your employee. This is not only an understandable response, but also a perfectly acceptable one and good practice. Empathy is vital at all stages. For many employees admitting a mental health issue will be difficult for them, so support is crucial. At no point should they feel as if there is a stigma attached to the process. Openly show your intention to maintain their privacy by informing them of who will be in the loop and why. Ensure that they fully understand you are there to help as much as can be reasonably expected.

Make sure that accurate recording of communication and methodical documentation is a matter of common practice by everyone involved from the initial awareness onwards. Keep detailed records and ensure you are hitting your data compliance requirements as well as the legal requirements for the individual.

Avoiding discriminatory practice

You must ensure that an employee with mental health issues is never subjected to discrimination. That means a range of measures from confidentiality through to offering the right ongoing support. Actual and perceived discrimination can, as an example, often revolve around not gaining a promotion due to a disability (considered a direct discriminatory practice) or the less direct circumstances of inadvertently having policies or working practices that make things difficult for sufferers. Naturally, other clearer forms of discrimination such as harassment and bullying or victimisation of the sufferer apply as they would in any circumstances.

Measure, report, and record

There are several things you should do to make sure that you are meeting your obligations to the employee, and yourself as the employer responsible for the correct response. As already mentioned, accurate and appropriate documentation is key – keep things simple and clear, with accurate dates, times, and notes.

Now may be the time to consult an occupational health professional. The employee should be assured that this is done out of good practice and concern. Ongoing, you may also need the health professional to consult about changes to the workplace or advise on the right way to proceed. In some cases, there could well be a contractual option to have the employee undertake a medical examination to assess their fitness for work. Similarly, depending on the circumstances, it could be the time to look at your legal position. Again, call us and let’s chat about these before you take action.

Ongoing support

Under the Equality Act 2010, mental health conditions that have a significant, adverse, and long-term effect on an employee’s ability to carry out normal day-to-day activities are likely to be protected under disability discrimination law. As an employer you have a legal obligation to make reasonable adjustments to the workplace and working practices to support employees.  The scope of the support will depend on the circumstances of the employee and the workplace. Some measures could revolve around changes in working hours to allow for treatment visits or staged return to work for example. In other cases, they could be changes in the workplace location or quieter workspaces. It is, of course, conceivable that there may not be a workable option for continued support. In which case you need to seek advice on how to deal with this situation.

Essentially you are required to do as much as possible and reasonable to support the employee back into the workplace.

What if you have concerns about a fraudulent claim?

Firstly, let’s remember that if you appear to be accusing an employee of making a false claim, you are opening yourself up to criticism and potential consequences. Regardless of your instincts, always proceed as you would in any other circumstances involving employee wellbeing. Gather evidence, keep records, privately keep notes of your concerns, and then ask a HR professional for their advice. The situation must be handled with empathy, good practice, understanding, respect for the rights of individuals, concern for their well-being and, of course, within the requirements of the laws surrounding employment and discrimination.

We appreciate that dealing with a mental health issue in the workplace can be difficult terrain and that some people feel it is abused by those employees who want to take advantage of it. However, the importance of good process and the need for appropriate, non-discriminatory, response cannot be underestimated.

We are happy to help with this, or any other human resources questions, call us on 01604 763494 and let’s chat.