Mental health and the workplace

This is far from being a new debate but it is one I feel strongly about. Mental health issues still attract scepticism and stigma - is this because mental illness cannot be seen in the same way that a physical disability can? Does that make it any less disruptive for the sufferer? I think not. Having worked with a number of people who have both mental and physical illnesses I would urge employers to take mental health seriously.

Statistics show that around a quarter of UK employees will suffer from mental illness, including stress, at some point in their working lives, costing around 91 million working days every year. Approximately 80% of employers say they have no formal policy for dealing with this and around 45% believe none of their staff suffer from mental illness. This suggests an alarming gap between reality and the perception of UK business.

The criteria for assessing whether an illness amounts to a disability under the Disability Discrimination Act 1995 (DDA) is now the same for mental illness as for physical illnesses. The test is whether someone "has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities".

I am proud to know people who have battled with both mental and physical disabilities and gone on to have successful careers and be highly valued by their employers. It's time for change. I would like to see companies becoming more enlightened when dealing with such issues.

Need help assisting an employee back to work following long-term absence?

Employment Law Myth of the Day!

Myth - the expression "summary dismissal" for gross misconduct can be taken literally.

Fact - dismissing an employee without notice on the grounds of gross misconduct will ordinarily be deemed to be unfair if the employer did not first inform the employee of the allegations against them, thoroughly investigate them, give the employee an opportunity to discuss or refute them and allow the employee the right to appeal.

Employers should, therefore, always follow their disciplinary procedure before summarily dismissing an employee for gross misconduct.

Need help devising your disciplinary and grievance procedures?

Are your workers legal?

Since working with new companies and smaller businesses I often find they are unwittingly putting themselves at risk by not implementing proper procedures to check if their employees are entitled to work in the UK. Whilst the more severe penalties, including unlimited fines and prison sentences, are for employers that knowingly employ illegal migrants, even those who unknowingly employ such people due to poor recruitment or employment practices can face penalties of up to £10,000 for each illegal worker.

The UK Border Agency publishes guides to assist companies when employing refugees and asylum seekers. Donna Covey, chief executive of the Refugee Council has said "We and our partners have been recommending the UKBA publish new and up-to-date guidance for employers for some time, so we are delighted they have now done so. We would urge employers to take heed of the new booklet, to ensure they not only recognise refugees' right to work in the UK, but so they can also capitalise on the amazing skills and talents refugees can bring to the British workplace."

Putting in place effective employment practices to ensure that you do not expose your company to unnecessary risk is essential. For more information and contact details follow the link. After all, if Attorney General Baroness Scotland can get it wrong chances are someone of far less experience could too!

On a more serious note ...

The proposed abolition of the default retirement age (DRA) will have a huge impact on companies and how they operate. The proposals will be welcomed by many and are a logical step following Government announced changes to the age at which you will be able to draw your state pension. It is also illogical that you can dismiss an employee simply on the grounds of their age and current legislation goes against the principle that employers should not discriminate on the grounds of age.

Although the legislation will not come into full effect until 1 October 2011, transitional arrangements will be in place from 6 April 2011. This does not give companies much time to address the changes they need to make to their policies and procedures. All businesses, and particularly those without on site HR support, need to start planning for the new legislation soon. Consideration also needs to be given to the impact on any benefits, for example, private medical and permanent health insurance.

It will be important to get good advice on how to incorporate the new legislation into employment procedures and I can help in this regard. Simply visit my website for more information about my services and for contact details.

So how would I like to spend my retirement?

This is a question I pondered whilst relaxing in a friend's hot tub in Glasgow last weekend. Now if your image of a hot tub was like mine - a tub full of hot water and some bubbles - let me tell you this is not the case! As I sank into the hot foamy water and the massage jets got to work on my back, shoulders, feet and neck I realised this was an experience I had not expected. As if the sumptuous food served that day by my friend and the delicious Chateauneuf du Pape I was now sipping were not enough, this took the weekend break to a whole new level!

So as I contemplated the Governments proposals to abolish the default retirement age (DRA) from October 2011 I realised there could be far worse ways to spend your retirement than relaxing with a good glass of red wine, a loved one or close friend/s in a hot tub - and once I cannot be forced to retire at 65 I'll have a longer working life to save up for the indulgence!

Click here for more information about the DRA and reaction to the proposals.