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Mental Health Awareness week – Making employment work

By Thomas Sutherland

Yesterday marked the start of the fifteenth year of Mental Health Awareness week, ayearly campaign created by the Mental Health Foundation which aims to inspire society to openly support thosewith mental health conditions.

I wholeheartedly agree with their aim to attack unjustsocial stigma and achieve true equality in our society for those with mentalhealth conditions and/or learning disabilities. This year’s focus is on thestrategy of ‘mindfulness’, which is one of several approaches which canpotentially improve mental health.

Itis important that a workplace is able to adapt to the needs of its employees.Whilst some people enjoy their job, others will have a more love-haterelationship with work. Whichever the case may be, work is a vital part of anindividual’s life and every employer has an obligation to ensure the health andsafety of all employees, both physically and mentally. Whilst this does notmean that an employer has to do their upmost to keep every employee happy (althoughobviously I would encourage this!), it does mean that they cannotdiscriminate against either current employees or job candidates on mentalhealth grounds.

Unfortunately,many mental health organisations identify considerable discrimination againstjob candidates on mental health grounds. This has had the effect of preventingmany people with mental health issues from applying for jobs because of feared pre-employmenthealth questions.

Fortunately,the Equality Act 2010 sought to change this by prohibiting employers fromasking certain health-related questions, except in very limited circumstances.Further, the law places a presumption of discrimination on any employer asking prohibitedhealth-focused questions in a job interview.

TheEquality Act 2010 also seeks to prevent employers from withdrawing conditionaljob offers made to job applicants, following the discovery of a mental healthcondition between the time of the offer and start of the employmentrelationship. This includes an employer who offers a job conditionally subjectto a ‘health check’.

Theabove changes to the law were introduced to encourage employers to offer alevel playing field to job candidates, rather than only protect those withmental health conditions who are already in employment. Whilst this legislationhas had a positive impact and allowed many talented individuals, who sufferedfrom pre-existing mental health conditions, obtain employment; legislationalone cannot effect a change in social attitudes.

Itis unfortunate that many employers retain an outdated, stereotypical view ofmental health. It is regretful to see employers fail to realise the potentialof many candidates, due to incorrect assumptions about their ability to performthe job required or fear of the unknown. Whilst it is encouraging to live in acountry with support mechanisms in place for those struggling with depressionand other mental health conditions, it is worrying that many employers continueto turn away talented candidates, due to unfounded fears over mental health.

Itis important that employers are aware that there is no exact method of helpingemployees with mental health conditions. No two conditions are the same and itis relatively common to have two employees with depression who requirediffering levels of support and adjustment in the workplace. Naturally, thebest way for an employer to achieve this is by creating a working environmentin which employees are comfortable discussing these issues and introducingsuitable workplace polices.

Rathersadly, while the majority of employers agree with the aims of the equalitylegislation, they fear the legal obligations placed on them in relation to anyonecoming under their protection. A common concern is the money required to makereasonable adjustments. Ironically, the answer lies in the phrase itself: ‘reasonable’ adjustments.

Naturally,I fully support legislation passed with the sole purpose of ensuring that thosewith mental health conditions have a level-playing field with the employeesaround them in the working environment. I therefore find it gratifying to seeinitiatives like Mental Health Awareness week encourage open and frankdiscussion about mental health.

I’mproud to act as a lawyer helping those with mental health conditions achieve justicethrough equality and, in my view, any initiative that helps drive society forwardin supporting the equal and fair principles laid down by the Equality Act 2010is, quite frankly, a wonderful thing that should be supported and well-publicised.I would therefore humbly ask that you share this blog and help raise awarenessof mindfulness and mental health.