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Mental Health in the Workplace – Supporting Employees

The government’s Department of Health estimates that one in four will experience mental ill-health at some point in our lives. Importantly, awareness surrounding this issue has increased in the last few years.

Therefore, it is important to make sure that employers support those experiencing mental ill-health whilst promoting positive mental health.

Max Wootton, employment solicitor at CJCH examines the law around mental health discrimination in the workplace. Additionally, he takes a look at how employers can make sure they are acting within the law.

What rights do employees have in the workplace when it comes to their mental health?

Employees have a right not to be discriminated against or dismissed due to a disability. The mental health may be covered as a disability under the Equality Act 2010. Employees that fall under this category are entitled to make reasonable adjustments at work that may assist them.

What counts as discrimination? Is this impacted by employment status?

All employees, workers and self-employed persons have the right not to be discriminated against. Furthermore, the Equality Act 2010 explicitly states that it is against the law to treat any person unfairly or less favourably than someone else because of a protected characteristic.

Discrimination is defined in several different forms under the Equality Act; direct or indirect, failure to make reasonable adjustments, harassment, victimisation & discrimination arising from a disability.

What can you do if you feel you’ve been discriminated against because of a mental health issue?

Firstly, you can talk to or confide in a fellow employee for support to discuss your situation. If that is not satisfactory, you can raise a formal grievance regarding the discrimination (important to check the staff handbook for your company’s policies & procedures, first).

Act as swiftly as possible, given there is usually a 3month time limit to bring an Employment claim, from the date of the last act of discrimination.

However, if you are unable to raise the issue with your employer, you can contact ACAS, Citizens Advice, or bring a claim in an employment tribunal.

Can employers ask about a potential employee’s mental health before employing them?

Employers can ask about this but proceed with caution. However, if the mental health turns out to be a disability and the employer does not employ the employee due to the disability, it will be discrimination. The employer will only be able to ask questions in the context of finding out how they can take actions to assist the employee.

What can employers do to ensure they’re acting responsibly and within the law when it comes to mental health?

Firstly, employers should ensure that employees are provided with a forum where they can be open and transparent about any issues they face.

Secondly, the staff handbook should contain policies where staff can confide in their employers and share their problems. If necessary, the employer should make reasonable adjustments for employees who have a mental health disability.

Finally, provide training for employers to ensure they are aware of what constitutes discrimination towards fellow employees.

How can we help?

Our qualified team of solicitors is here to assist with your employment problems. If you would like to discuss an employment problem or questions over your employment contract, then contact a member of our team today.

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

Supporting Employees & Gender Identity

The month of June marks Pride Month, celebrating the LGBT+ community worldwide.

CJCH joined a discussion looking at how employers can support employees when it comes to expressing their gender identity and how they can make the workplace a safe and understanding environment

It must be daunting for an employee to express to an employer, or their fellow colleagues, their gender identity. Unfortunately, discrimination in the workplace around individuals expressing their gender identity still exists. The biggest barrier to inclusion is a lack of knowledge amongst employers and employees. Therefore, raising awareness of these issues is vital to promote inclusion. Our solicitor, Myles Thomas, outlines how employers can best support their employees expressing their gender identity.

What is The Equality Act 2010 and The Gender Recognition Act 2004 and how do they protect employees?

The Gender Recognition Act 2004 allows people in the United Kingdom who have gender dysphoria, (which is the condition of feeling one’s emotional & psychological identity as male or female to be opposite of one’s biological sex), to change their legal gender.

The Equality Act 2010 protects individuals in Great Britain from (either direct or indirect) discrimination, harassment and victimisation. There are nine protected characteristics, which are:

  • Age
  • Race
  • Gender Reassignment
  • Pregnancy and Maternity
  • Disability
  • Religion or Belief
  • Marriage & Civil Partnership
  • Sex
  • Sexual Orientation
When it comes to employees who are transitioning, or who are expressing their gender identity, what is classed as discrimination?

You are entitled to protection from discrimination if you identify as transgender under the Equality Act 2010. Discrimination occurs under four categories:

  • Direct: When someone treats your worse than another person in a similar situation because you are transgender
  • Indirect: Where an organisation or employer has a policy or way of working that puts transgender people at a disadvantage
  • Victimisation: When you are adversely treated because you have raised the issue of gender reassignment discrimination under the Equality Act. You may also be victimised if you are connected to someone who has complained about gender reassignment discrimination.
  • Harassment: Where someone makes you feel humiliated, offended or degraded because you are transgender.
What are the consequences of discriminating against an employee because of their expressed gender identity?

The employee who is discriminated against could make a claim in the County Court or Employment Tribunal. The result is potentially a large financial penalty. For the individual in question, this may cause emotional distress and affect job performance.

How can employers make sure they are fully equipped to support an employee expressing their gender identity or transitioning?

The effectiveness of a ‘one size fits all’ approach is unlikely. The process is an ongoing one and every person expressing their gender identity is different. However, a good start for employers is open-mindedness to the needs of their employees. Moreover, take the time to understand their concerns. Additionally, awareness of potential health issues with gender reassignment. If an employee requires time off work, then these periods of time off should be treated the same as an employee needing time off for health-related issues.

How can employers make their workplace a safe and understanding environment for employees, no matter how they identify?

It is important to have a clear diversity policy, which is properly enforced & available to employees. Above all, the policy should state that employers will not tolerate any kinds of discrimination. There should be consideration for how to raise concerns and how to best protect individuals. Finally, regular training of employees and of HR employees will help create a culture of inclusivity and acceptance.

How can we help:

Seeking specialist employment law advice is essential to achieve the best outcome to a grievance, dispute or claim against a past, prospective or current employer. We recognise the importance of resolving sensitive employment difficulties. Speak to a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

Inclusion and Diversity – CJCH Commitment

CJCH Equality & Diversity Policy

paralegal jobs barryAs our 2017 diversity results are set to be published on our website later this week, we would like to share our internal Equality and Diversity Policy as well. This policy is available to all staff and is in the process of being added to our website footer for ease of access.

The firm is committed to providing equality of opportunity and maximising the benefits, for all, to be gained from recognising and respecting people diversity. The senior person responsible this policy and its effective implementation is Tim Hartland.

SRA Regulations (2011): The Solicitors Regulation Authority’s (SRA) Mandatory Principle No 9 requires us to: “Run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity.

Discrimination:

The firm, its owners, directors, partners, managers and staff will not discriminate or tolerate unlawful discrimination based on any of the “protected characteristics” set out in the Equality Act 2010 or the legal sector Quality Standards referred to below:

  1. Equality Act 2010 – “protected characteristics” are listed as:
  • Age
  • Disability
  • Gender Reassignment
  • Marriage and Civil Partnership
  • Pregnancy and Maternity
  • Race
  • Religion and Belief
  • Sex
  • Sexual Orientation
  1. The LAA’s SQM lists additional/differently-worded characteristics:
  • Colour
  • Ethnic or national origins,
  • Marital status

Types of Discrimination

  • Direct Discrimination – one person is treated less favourably than another based on a protected characteristic.
  • Indirect Discrimination – a rule or policy that applies to everyone that can inadvertently disadvantage someone with a protected characteristic (unless it is a “proportionate means of achieving a legitimate business aim”).
  • Associative Discrimination – direct discrimination takes place against someone because they associate with someone who has a protected characteristic e.g. A carer of a person with a disability.
  • Discrimination by Perception – direct discrimination because others think (wrongly) that someone has a protected characteristic – e.g. when they think someone is gay when they are not and discriminate against them on the basis of that perception.

Harassment and Victimisation:

The firm will not tolerate or permit Harassment or Victimisation of any kind either of our own personnel, clients or persons external to our organisation with whom we interact professionally.

  • Harassment – including unwanted or inappropriate attention or behaviour staff find offensive even if not directed against them personally;
  • Harassment by a Third Party;
  • Victimisation – someone being treated badly because they have complained, raised a grievance or supported someone who has e.g. whistle blower or complainant.

Application of the Policy:

Our Equality and Diversity Policy will be implemented and integrated into all elements of our business to encourage a diverse and inclusive enforcement both internally and externally. A full version of this policy is available to all our staff and can be made available to our clients and suppliers upon request.

Enforcement – Breach of this Policy:

It is hoped that as a result of training, all staff will see the benefits of complying with all aspects of this policy. If, however, there is an alleged breach of this policy, the allegations will be treated seriously and investigated and dealt with thoroughly.

Diversity:

  • We all come from different backgrounds and each person brings a wealth of life experiences that shape us into the unique individual we each are.
  • The organisation is, therefore, a rich tapestry of people which make it different from any other organisation.
  • We therefore often have different perspectives on the challenges and opportunities we face in the practice.
  • In our decision-making, strategic planning and process improvement, we, therefore, wish to benefit from these different perspectives.
  • Equality and Diversityisnot about treating everyone as if they were the same. It’s about recognising and valuing the difference and ideas that each individual can bring to the firm.
  • It is about the benefits to all of us of equality fairness and difference.
  • It is about treating each other with respect and courtesy at all times.
  • The firm is committed to collecting, collating, reporting and publishing its diversity data in line with SRA requirements and the Data Protection Act

Positive action:

  • Although it is unlawful to discriminate in favour of certain groups on the grounds of race or sex, positive action to enable greater representation of under-represented groups is permitted by law and the appropriateness of such action will be kept under review.

Communication of Policy to Staff:

  • The policy is communicated to all staff through internal communication channels, meetings and training, and is available to all staff via the firms internal portal.

Meeting the Diverse Needs of the Clients and Communities we serve:

  • Our Services Plan sets out how we will meet the diverse needs of the clients and local communities we serve and is available upon request.

Reasonable Adjustments for Personnel:

  • If difficulties are experienced at work because of a disability, staff may wish to contact our Managing Partner to discuss any reasonable adjustments that would help overcome or minimise the difficulty.
  • We will consider the request carefully and try to accommodate the needs within reason. If we consider a particular adjustment would not be reasonable we will explain our reasons and try to find an alternative solution where possible.

Review of this Policy:

  • The policy will be reviewed annually using prescribed procedures.