#Mental health

19 03 2024

Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds

Matthew Chilcott Blog, General, Health & Safety #bedfordshirebusinesses, #hertfordshirebusinesses, #ico, #Mental health, #outsourcedemploymentlaw, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

The Information Commissioner’s Office (ICO) has published guidance intended to give employers more certainty about sharing their workers’ personal details in the event of a mental health emergency.

The new guidance, which can be found on the ICO website, confirms that data protection law allows organisations to share personal information in an urgent or emergency situation, including to help them prevent loss of life or serious physical, emotional or mental harm.

It provides advice on when and how it is appropriate to share workers’ information when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health.

ICO Head of Regulatory Strategy, Chris Hogan, said that the ICO wanted to reassure employers that, during a mental health emergency, they should share necessary and proportionate information without delay with relevant and appropriate emergency services or health professionals.

“It is a good idea to plan ahead,” he went on, “as this will help you to make well informed decisions if you need to. Our guidance will help you do that and includes useful case studies to illustrate how the law can work in practice.”

The new publication is part of a range of guidance produced by the ICO to help employers look after personal information in line with data protection law. Other documents can be found here.

Our HR Comments / Advice: Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The health and welfare of your team, is of the utmost importance and hence why at Consensus HR, we always go to the medical professionals. Whether this be an Occupational Health Assessment or writing to an employee’s doctor once General Data Protection Regulations (GDPR) consent has been received.

The importance of ensuring your business and team is following the GDPR is vital and this article from our Chartered Instituted of Personnel & Development and the Information Commissioners Office (ICO) clarifies when in certain circumstances such as mental health of a member of the team that you can access a worker’s personal details. This is applicable when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health. The ICO provides some very useful information on the subject. Special care should be taken by employers, in such circumstances and when accessing the documents.”

Here are a few of our previous blogs written on the subject:

To view more about our range of HR & Employment Law Services

At Consensus HR, we are proud to offer a wide range of HR & Employment Law services to help our clients with all areas of best practice and Employment Law which can be found by clicking on the button:

Click Here

Are you concerned about what to do when it comes to HR within your business?

If you are worried within your business that you would not know what to do in such circumstances and what is legal / best practice, give Consensus HR a call or email us and we will offer you a non-obligatory chat on the subject. Consensus HR – Your Outsourced HR & Employment Law Department – 01438 576750

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

13 03 2024

Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Matthew Chilcott Absence Management, Blog, General, Health & Safety, Investigations #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #Mental health, #outsourcedemploymentlaw, #welfare, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Claims about one of the UK’s biggest providers of workplace mental health services are to be investigated by the British Association for Counselling and Psychotherapy (BACP), it has said. BBC Radio 4’s File on 4 programmes has heard allegations that calls from vulnerable people to Health Assured were not always handled properly. Health Assured refutes these allegations. Employee Assistance Programmes (EAPs) are intended to help employees deal with personal problems that might affect their wellbeing and performance at work. According to the UK Employee Assistance Programme Association, three-quarters of the UK working population (almost 25 million people) have access to an EAP through their employer. File on 4 has spoken to 15 current and former employees of Health Assured, an EAP that provides support to 13 million workers in the UK and Ireland, and whose clients include NHS trusts, universities, and police forces. Counsellors and team managers at Health Assured described low morale, high staff turnover, and a frequent struggle to keep up with demand.

BBC News

Our HR Comments / Advice – Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “When it comes to the welfare of your team, it is vital that you provide the best support available according to the situation. EAP’s – Employee Assistance Programs, are a great way to provide this service through an external provider, of which there are now many across the UK who provide this service as part of an insurance. At Consensus HR and part of our service, we will always go to the medical professionals for advice, if we have concerns about any members of our clients’ teams, if informed and will see the team members consent to write to their GP / Consultant for their advice on how we can support the team member. This can be a lengthy process and may also consider using our Occupational Health Providers to look at the best solutions in helping our team member and the business. Consensus HR also provides Mental Health development for managers and employees at our central office in Stevenage or at the clients offices together with a wide range of employee and management development workshops.

To view more about our range of HR & Employment Law Services

Click Here

Do you know how to correctly deal with managing your team when it comes to dealing with employee issues?

If you manage a team and are concerned for their welfare and would like to talk to us about the Policies, Procedures and development we can provide you, contact us now. Consensus HR | Your Outsourced Human Resources and Employment Law Department | “Helping companies take the pain our of managing people whilst Preventing People Problems – 01438 576750”.

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

06 03 2024

Poor mental health keeping more young people out of work | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General #bedfordshirebusiness, #hertfordshirebusinesses, #Mental health, #outsourcedhumanresources, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A third (34%) of young people aged 18–24 have reported symptoms that indicate they were experiencing a common mental health disorder such as depression, anxiety or bipolar disorder — a big increase since 2000 when just 24% reported these problems.

This is one of the key findings of a report by an independent think tank, the Resolution Foundation, which shows that young people now have the poorest mental health of any age group and that this can lead to them being in lower-paid jobs or unemployed.

We’ve Only Just Begun: Action to Improve Young People’s Mental Health, Education and Employment is the culmination of a three-year research programme exploring the relationship between the mental health and work outcomes of young people, funded by the Health Foundation.

“Over that time,” the Foundation states, “we have examined issues such as how mental health and insecure work collide; why low hours are so prevalent for young workers today; and the intersection between young people’s mental health, employment and geography.”

The report highlights that young people with mental health problems are more likely to be out of work than their healthy peers.

Between 2018 and 2022, 21% of 18–24-year-olds with mental health problems were workless, compared to 13% of those without mental health problems.

The study also found that young women fare worse, and are one-and-a-half times more likely to experience poor mental health as young men (41% compared with 26%).

HRInform

Our HR Comments / Advice – Poor mental health keeping more young people out of work | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments:“ This is an extremely concerning article from our Chartered Institute and demonstrates how mental health is playing a big part in todays society and the workplace.

Supporting mental health in the workplace can be challenging and the issues around it are complex. Therefore, it is important that employers are aware of their legal obligations and the issues that arise. Three key issues are involved:

Health and safety
Disability discrimination
Personal injury claims

Employers can manage mental health issues via two key approaches: having policies and procedure in place to deal with mental health issues and supporting employees via training (for managers especially), return to work interviews and on-going support in the workplace and during periods of absence.

“Professional advice can ensure that policies support both the organisations and its people,” says Matthew from Consensus HR. “With growing awareness and openness about mental health issues, this step is increasingly important.” To read a previous blog we wrote on this subject, Click Here.

Other blogs we have written on the subject are:

To view more about our range of HR & Employment Law Services

Click Here

Are you concerned about the mental health of your team?

If you have a team and wish to talk to somebody about how you can support them when it comes to mental health and ensuring your company is working to best practice and the law, give us a call now. Consensus HR | Your outsourced Human Resources and Employment Law Department | ”Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750”

Your Outsourced Human Resources (HR) Department.

For further information on any of the HR subjects we provide, please click the heading below:

15 05 2023

Mental Health: The HR Perspective

Matthew Chilcott Blog, General, Health & Safety #Mental health, #outsourcedhumanresources, #outsourcing, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

Mental health has been catapulted into the headlines recently, thanks to Mental Health Awareness Week (15 – 21 May 2023).

There is increased awareness and openness about mental health. How should employers recruit, support and/or manage employees who are affected?

Recruitment

An Employment Appeal Tribunal back in 2017 found that the Government Legal Service’s (GLS) mandatory test (used during recruitment of lawyers) was guilty of indirect discrimination. The claimant has Asperger’s Syndrome. Her psychiatrist had made previous recommendations (in relation to her university courses) that a multiple choice format test would not be appropriate for her. As the GLS test was not available in different formats, the claimant was severely disadvantaged during the recruitment process.

The Employment Appeal Tribunal acknowledged that the GLS needed to test the core competency of ability of its candidates to make effective decisions. However, it found that a psychometric test was not the only way to achieve this.

“It is valid for employers to assess the essential skills required within a job role, “explains Matthew Pinto-Chilcott of Consensus HR. “However, the test method should adapt to the needs of individuals.”

Support

Health and safety
Disability discrimination
Personal injury claims

Employers can manage mental health issues via two key approaches: having policies and procedure in place to deal with mental health issues, and supporting employees via training (for managers especially), return to work interviews and on-going support in the workplace and during periods of absence.

Management

Clear, honest communication between employers and employees should determine the nature of support required and the best way to provide that help. However this path relies upon individuals being open about their mental illness. Often, people are concerned about revealing their illness to their employers, leading to deliberate concealment.

Concealment is potentially a problem right from the start as people are not obliged to disclose any health issues during the recruitment process. However, Employment Law Consultant Kevin J Murphy explains that if there is a contractual requirement upon an employee to disclose medical conditions which may affect their ability to do their job and the employee has concealed it, there is action you can take.

He explains: “A deliberate concealment can mean that the contract is void if there was a requirement to disclose detailed within it. Further, an employer could rely on the employee’s dishonesty as a reason for dismissal, but might need evidence of their decision to hide their illness.”

“Any dismissal on either of these grounds should still follow the ACAS Code of Practice on Disciplinary and Grievance Procedures to assist the employer to evidence that the dismissal is not based on the employee having a disability – but their dishonesty.”

Matthew from Consensus HR adds: “By thinking through the functions involved with specific job roles and adding clauses to the contract of employment, employers can achieve protection for their organisations whilst supporting the individuals involved. It’s important to get the HR basics right.”

Mental health issues within the workplace is a complex subject and one that is very important to both businesses and people.

Further information on Mental Health Awareness Week can be found by clicking here.

If you would like to find out more and discuss your organisation’s circumstances, contact Matthew for an informal, no-obligation discussion.

Anxiety and depression are the most common mental health problems and can be caused by prolonged stress at work.

A report by Deloitte estimates that the total annual cost of poor mental health to employers has increased by 25% since 2019, costing UK employers up to £56 billion a year.

Whether you’re a small business or a large corporation, the law requires all employers to prevent work-related stress to support good mental health in the workplace by including it in your risk assessment.

HSE’s Working Minds campaign aims to help businesses and workers prevent work-related stress. You can access the following related resources:

a poster with Working Minds 5 simple steps (.pdf)
a round up of campaign resources available (.pdf)
a risk assessment template
HSE’s Talking Toolkit for practical step-by-step guidance in speaking to workers about preventing work-related stress

Contact us now

If you need support with your team this summer, then we are her to help.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

14 03 2023

Poor mental health is the main cause of long-term absence

Matthew Chilcott Absence Management, Blog, Employment Law, General, Health & Safety #longtermsick, #Mental health, #outsourcedhumanresources, absence, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

Matthew Pinto-Chilcott, Owner of Consensus HR comments: “When I seen this article today in The Times, I was not surprised to see their statistics in relation to long-term sick leave of members of the team due to mental health. At Consensus HR over the past three years since the Pandemic we have seen a vast increase in us having to ask for medical reports from GP’s and Consultants for members of our client’s teams as previously discussed in some of our blogs. Managing sickness within business has never been more of an issue and it is important that businesses do this correctly and have the right systems in place to support the team member, team and business or it can have severe repercussions.

We help business to manage this and be proactive rather than reactive whilst preventing people problems and ensure all areas of the Employee life cycle are covered from Recruitment, Employee Relations, Training & Development, Rewards and benefits. We take the pain away!”

NEWS ARTICLE: Poor mental health is the main cause of long-term absence, say employers

A poll by PwC for the Times Health Commission suggests that mental illness is the main cause of long-term sickness in the UK workforce. The survey saw two-fifths of employers say they have seen an increase in employees taking long-term sick leave because of mental ill health. More than half of the 150 employers polled said the mental health of staff had worsened since the pandemic, while 53% said the cost-of-living crisis had damaged the wellbeing of their employees. Almost two-thirds (64%) of firms said there has been an increase in the number of staff asking for counselling. More than 40% of employers have seen an increase in changes to working patterns due to ill health since the pandemic and almost half have had an increase in employees requesting flexible working patterns. Anthony Bruce, chairman of health industries at PwC, said: “Helping employees to stay productive in work not only benefits organisations, it promotes the employee’s mental wellbeing and financial security at a time when stress and economic hardship are a worry for many.”

The Times

A few of our previous blogs written on the subject:

Contact us now

If you want to always keep up with employment law and wish to know more please get in contact now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

12 12 2022

Workers stressed over cost of living crisis

Matthew Chilcott Absence Management, Employment Law, General #Mental health, absence, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Matthew Pinto-Chilcott, Owner of Consensus HR comments: – Workers stressed over cost-of-living crisis. With this latest news article within The Guardian, it can hardly be surprising for business owners and managers during these very difficult times that the cost of living is affecting the team’s performance when at work. Unfortunately, this is an economical problem that does not seem to have an end in the foreseeable future and really emphasises the need for productive, best practice, HR, and Line Management. We all need to ensure that we work to our companies HR Policies & Procedures and maintain a consistent, legal, and reasonable approach to all matters of concern such as sick leave, stress, and anxiety to name a few. As discussed in one of our previous blogs, we have seen a huge increase in the requests for advice on sickness and medical reports and we are not the medical professionals and hence must seek their advice / support for the best outcome for the business and employee.

NEWS ARTICLE – Workers stressed over cost of living crisis:

A survey by the Chartered Management Institute (CMI) has found that workers in the UK are becoming so anxious about the cost-of-living crisis that it is affecting their performance at work, with two-thirds of managers reporting issues such as rising absenteeism and lack of engagement among stressed-out staff. The survey of more than 1,000 managers and team leaders revealed that 71% had seen evidence of the crisis increasing stress and anxiety for their teams. Some 41% of the respondents highlighted “more distraction, less focus and attention to detail,” 33% noted increased sick leave of absence and 31% observed a reluctance to take on extra work. “We were very surprised at the extent to which there were these very visible knock-on effects,” said the CMI’s director of policy, Anthony Painter. “There seems to be a sort of bandwidth issue, where people are facing extreme money worries, and that’s narrowing their field of vision, their ability to do their work well.”

The Guardian

The Human Times

Contact us now

With the economy like it is currently, there has never been more of a time when the health of the team and support offered is of utmost importance. Contact us now to see how we can help.

Employee, Worker or Self-Employed … What’s the Difference

07 12 2022

Number of young people making disability claims triples in a year

Matthew Chilcott General, Health & Safety #Mental health, #outsourcedhumanresources, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

Matthew Pinto-Chilcott, owner of Consensus HR comments: – Number of young people making disability claims triples in a year “These statistics do not surprise me at all as we have seen a surge in our clients asking for support in relation to sickness and mental health. This is an area as with many areas covered under HR that needs to be managed correctly for the benefit of the employee and business and the correct legal and best practice action taken. Employers / Line managers need to ensure that consent is obtained from the employee and then the correct action taken such as arranging a meeting with the employee and discussing the issue and how we can seek support / medical advice to identify if any reasonable adjustments are needed and if they believe they may be covered by the Equality Act 2010 and one of the protected characteristics. Assumptions should never be made, or the incorrect support offered as we are not the medical professionals and in these difficult times of gaining access to a GP, a company may have no option but to go to an Occupational Health professional for support.”

NEWS ARTICLE:

The number of people on disability or sickness benefits has doubled in a year – and tripled among teenagers – with 60% of those off work due to illness living with mental health problems. According to the Institute for Fiscal Studies, younger claimants were more likely to be suffering with mental ill-health – with 70% of under 22s reporting mental or behavioural disabilities, compared with 20% of those aged 55 or over. A separate report from the Institute for Public Policy Research found that six in ten people off work because of long-term sickness are living with a mental health problem.

i News

Human-Times

Contact us now

If you have members of the team who are experiencing difficulty at the moment with their health, give us a call to discuss the best way forward.

20 10 2022

Mental Health in the workplace

Matthew Chilcott Absence Management, Employment Law, General #Mental health, #worldmentalhealthday, Business Owners, HR, HR Consultant, HR Consultants, HR Support, Small Business, SME

On the 7th October we wrote a blog in relation to World Mental Health Day and the theme for this year set by the World Federation for Mental Health, was ‘making mental health and wellbeing for all a global priority’.

Our Chartered Institute (CIPD) recently published a more detail article as shown below:

Since 1992, 10 October has been marked around the globe as ‘World Mental Health Day’. This day is aimed at raising awareness and is led by the World Federation for Mental Health and the World Health Organisation (WHO). Now it is that time again, employers should take this as a reminder to assess the measures within their organisation to support their people

Legal position

By law, employers have a “duty of care” to do all they reasonably can to support employee health, safety and wellbeing. This includes: making sure the working environment is safe; protecting staff from discrimination; and carrying out risk assessments.

Tips for dealing with mental health discrimination in the workplace:

Mental health discrimination

Discrimination due to mental health can be a little difficult to define because, while mental health isn’t directly a protected characteristic, disability is.

The Equality Act 2010 defines a disabled person as someone with a physical or mental injury. It must be substantial or long term (likely to last more than 12 months) and affect their ability to conduct day-to-day activities.

So for discrimination based on mental health to be unlawful, the mental health issue needs to fit the definition of a disability. The employer also must know — or be reasonably expected to know — about the disability.

Mental health support at work

In its guidance on mental health support at work, ACAS (The Advisory, Conciliation and Arbitration Service) outlines that if employees have mental health issues, employers must take them seriously, and be ready to talk about what is wrong and how they can help.

Below are some further tips for avoiding disability discrimination at work:

Re-evaluate all policies to ensure no groups are discriminated against or lose out unfairly.
Managers and supervisors to be trained to recognise discrimination, know how to assess changes to ensure that discrimination does not occur and know what steps to take if it is reported.
Implement or review a harassment policy and ensure it is communicated.
Consider if anything needs to be done to improve work, so that employees feel able to discuss mental health issues in a supportive environment.

Failure to make reasonable adjustments

The Equality Act 2010 requires employers and service providers to make reasonable adjustments if an employee is at a substantial disadvantage compared to other people who do not have a mental health problem. The adjustments — for example, counselling, flexible working hours, a change in duties — should aim to remove any disadvantage suffered but should be realistic in balancing cost, effectiveness and practicality.

Adjustments should be made in consultation with the employee and be specific to their needs. It might be worth getting an occupational health assessment for advice if you have the resources.

Creating a safe environment for communication

For small businesses, creating a workplace culture that includes regular wellbeing conversations with employees can boost productivity and increase staff retention.

The stigma of mental health can be an elephant in the room, particularly when workers are not sure how their employers will react, whether they will be “judged” or if they will be treated differently.

Some 30% of employees report not feeling comfortable about talking to their bosses about mental health issues, let alone asking for advice or guidance. It is important that they do not suffer in silence. On the other hand, some staff prefer anonymity and digital surveys can help the more introverted to make their feelings known.

Situations most conducive to open discussions are where: mental and physical health are treated as equally important; employees have regular one-to-one meetings with their managers to talk about problems; and positive mental health is encouraged, for example through mental health awareness training or the appointment of mental health “champions”.

Takeaways

Poor mental health is a major problem as both employees and companies struggle with personal, financial and work-related issues driven by soaring costs, debt and employment security worries, unstable world politics and spiralling energy prices.

Matthew Pinto-Chilcott – Owner of Consensus HR comments: “Employers, Line Managers and members of the team in general all need to play their part in relation to mental health and Health in Safety in general as outlined in the Health and Safety at Work Act 1974. All members of the team should ensure that the correct action is taken, should they be concerned for an individual, whether this is by personally speaking to them or highlighting it to a member of management. Extra care should be taken to ensure that the individual concerned is not made to feel that they are being spoken about or treated differently but communicated with passionately and offered any support if needed and the correct professional medical advice sought.”

Why don't you give us a call or email to discuss?

If you are concerned about mental health within your workplace of HR and Health and Safety in general, contact us now to discuss.

Click Here

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.