A-Z of mental health
Information and advice on a huge range of mental health topics
The culture of silence must end
Posted Friday 20 January 2012
Pauline from our Legal Unit blogs about what we've been doing to help employers understand the impact of mental health problems on staff and encourage a culture of openness in the workplace.
Many people are understandably hesitant to tell their employers about a mental health problem - in our survey last year one in five people said they were afraid that even mentioning they were stressed would put them first in line for redundancy.
But there are legal protections to prevent discrimination in the workplace. If you are applying for a job your prospective employer is not allowed to ask questions about your health until a job offer has been made.
If you are working and need to tell your employer about your condition there are also safeguards. The Equality Act prohibits discrimination on the basis of disability – a mental health condition is considered a disability if it has a substantial and long-term impact on your ability to carry out normal day-to-day activities.
If your health condition is a disability then your employer must consider making reasonable adjustments to help you at work.
If you think that you are being discriminated against there are places to turn for help. Mind operates a Legal Advice Service, you can email us or ring 0300 466 6463 for information. You can also find useful guidance from the TUC, the Equality and Human Rights Commission and Rethink Mental Illness.
With mental health problems, some signs are obvious and others less so. Having difficulty concentrating could be seen as a performance issue but equally could be a symptom of stress or depression. Employees may find it beneficial to keep a positive dialogue going with managers or HR about their health condition, but are often unable to.
Mental health is still the elephant in the room in most workplaces – employees are reluctant to raise the subject, for fear of discrimination, while managers often shy away from the subject, for fear of making matters worse or provoking legal consequences. This culture of silence means undetected mental health problems can spiral into a crisis, resulting in sickness absence.
But there are things employers can do. We’ve been working with the Chartered Institute of Personnel and Development (CIPD) and have developed a guide for managers to help them facilitate conversations about stress and mental health problems and put in place support so employees can stay well and in work.
We know that people have difficult experiences at work because employers or colleagues are unsympathetic, but when you are unable to work or need help to overcome disadvantages that result from your disability, the law is on your side.
Employers may get it wrong – callers to our Advice Line tell us that employers don’t let them return to work after their GP says that they are fit to work with adjustments in place.
Just this week on Twitter an employee told his manager about his depression and was promptly fired. This is a far too common experience. A Mind survey of 2,000 workers found that of those who had disclosed a mental health problem to their boss in a previous role, 22% had been sacked or forced out of their jobs.
Employers have a duty to support you to stay in work if you can, to accept that you will need time off if you are ill and even perhaps to pay you in full if they decide to keep you at home while Occupational Health carry out a review into reasonable adjustments.
Too often they don’t.
If you’re worried about how your employers will react, or if you’re struggling to cope with a mental health problem now, please contact us for advice.
Pauline Dall, Head of Legal at Mind
Time to Change (run by Mind and Rethink) is challenging stigma - at work and beyond - to make it easier for employees to talk about their mental health problems.
Have a look at our Taking care of business campaign pages and help us transform attitudes to mental health in the workplace.
10 Comments
-
It's pretty hard to see the safeguards in reality whilst I listen to people with little support in the workplace. The promised reasonable adjustments and support just don't happen and any employment support that does exist gets lost pretty quickly or ends up having to be paid for. The sorts of jobs they get people into don't lend themselves to paying for employment support and therapy for emotional support as mental health service support is lost within 6 months with employment being viewed as recovery. Unless there is some mental health service use or some level of DLA [and that's about to be lost now] then there's no hard evidence of even needing adjustments or support.
All the promised in-work support just isn't there. It's sink or swim. -
How many people with mental illness have ever won an employment tribunal case on disability discrimination grounds especially against major employers. At best people are forced into some sort of compromise agreement.
Legal Aid is almost non existent and legislation is going to make that much worse.
The trade unions in their membership rules have serious isssues when other trade union members are involved and could possibly lose their jobs. Employers are well aware of this I believe.
They (trade unions) always say however that they would never protect any trade union member guilty of discrimination.
Where as law now says you do not have to disclose illness until a job offer employers are against this law and want it changed back I believe.
I was involved in a major tribunal case that went on for 7 days with over 500 documents.
I represented myself with the help of a friend. both of us with no legal experience at all.
I was up against a person who is described as one of the best barristers in the country in employment law who was also a part time employment tribunal chairman which is allowed by law providing it is a different region. My potential appeal was lost in London on this issue I argued this was not right.
Freedom of info request and data protection request after tribunal would I believe raise eyebrows about the people involved in this issue that dragged on for nearly four years before I had to give up to protect any sanity I had left.
Doped up on large doses of anti depressants together
anti psychotic medication
I took these people on and I am proud that I did despite losing the case. -
This article could usefully also cover the impact of being held under a section of the mental health act on future employment prospects.
-
Listened to yet another person squeezed out of their job because of mental health discrimination, this time a council, it happens so easily, and this was someone who knew her "rights" but they find ways around it.
-
Well done Paul, really admire you, very brave and agree with all your points, mental health is an easy target in the workplace. As for not having to disclose until after a job offer - employers can get really pissed when they find out, and they do ask about sickness records so days off would give it away. It would also make no difference for anyone applying with large gaps in their CV like years, employers work it out
-
@worried - The rules against discussing health in recruitment would apply in a similar way to discussions about having been sectioned under the mental health act – you don’t have to discuss it before a job offer is made if you don’t want to. If the point comes where you to want or feel like you need disclose try to have support in place when you do so. Your employer should be more concerned about the current effects of your health condition rather than your past.
@Mindreader - We know that there are many people who are finding it difficult to reach agreements with their employers, and the process of investigating needs and putting adjustments in place can be a drawn out process. It is even more difficult when services are being cut and it is made worse by a large amount of ignorance, stigma and discrimination around mental health problems in the workplace. Our Taking care of buiness and Time to Change campaign's are working hard to change these attitudes.
You’re probably already aware, but for those who are not, do try to see whether employment support services are available at your local Mind (http://www.mind.org.uk/help/mind_in_your_area or call our infoline 0300 123 3393)
@Paul - Fighting a discrimination claim can be a stressful experience, particularly without legal representation. There are a number of pro bono schemes offering support, and remember to check whether union membership or home or car insurance may offer you access to legal help. (Our infoline can help you find these 0300 123 3393)We know how difficult it can be to resolve issues around fighting or settling - perhaps a topic for another blog!
-
I have been back in work for over a decade since being on long-term sick with a mental illness. To this day I still at times receive negative responses and brick walls due to my condition which I manage well. I fully support the work you are doing but when it comes to employment discrimination both visable and hidden still exists and sometimes with organisations that are suposed to be helping those with mental ill health return to work. Unless they change what future do many people have. I have far exceeded my initial goals to return to work but am still treated with disrespect and feel the real focus of time to change is being missed!
-
Mental illness always wins-after years of wanting to try a job, I got a training day but even then I KNEW i wouldn't be able tocope. I never mentioned problems but now after 2 solid days and nigihts without sleep and constanct panic attaks I know I will have to turn it down. It feels like a sabatoar in my head constantly out to ruin what I want. I will have to stay on benefits even though Govt want us back to work! Why can't they just LEAVE us alone! Feel a complete failure now, sick of wanting to work but can't do it-can't even think right now. Just wish there was a cure for this damned wretched thing!
-
@Linda, I'm really sorry to read how you have been struggling with your training day, do you have someone you can talk to about how the experience - a trusted family member, friend or health professional? Our Mind infoline can help you find support near you, if you need it - 0300 123 3393
Could you talk to the training people about the problems you're having? They may suprise you and be more supportive than you think. Take care -
Thanks Taryn. Actually it wasn't a training day as such but 7 solid hours of work without a break. I won't go into what type of work it is because I should have known small concerns as it were would not apprecoate anyone who can't keep pace. I think its important that we are not pressured into putting ourselves in positions if we are not strong enough to cope mentally. If anything that is something I've learned from this.
Commenting is now closed.