ACAS guidance for “Reasonable adjustments for mental health” now published
The guidance emphasises that employers should take mental health problems as seriously as physical illnesses and points out that making reasonable adjustments for mental health can help employees to stay in work and work safely and productively, while also helping employers to retain employees and create a healthy work culture.
Examples are given of reasonable adjustments for mental health and employees are encouraged to talk to their employer if they need reasonable adjustments.
Tips are given on how to approach these conversations. The employer is also given tips on how to respond to requests for reasonable adjustments. If any reasonable adjustments are agreed, a trial period and monitoring is recommended bearing in mind that mental health problems can be long-lasting and individuals’ needs may change over time.
Guidance is given to managers on how to support those they manage to access the support that they need. Finally Acas recommends reviewing policies with mental health in mind, and suggests that employers have a policy in place that covers reasonable adjustments for mental health.
If you would like to implement a Mental Health Policy or would like any guidance, please contact me.
Mental Health Awareness Week 15th May 2023
This week is Mental Health Awareness Week. The Mental Health Foundation are focusing on anxiety and the things that can help.
What is Anxiety?
Anxiety is a human trait that everyone experiences, this can help us to be aware of and respond to threats and danger. But when anxiety becomes problematic or even disabling this is when it’s considered an anxiety disorder.
Generalised Anxiety Disorder:
Chronic and excessive worry or anxiety about various aspects of life, such as relationships, health and work. Symptoms may include restlessness, fatigue, difficulty concentrating and sleep disturbances.
Panic Disorder:
Recurrent and unexpected panic attacks, which are sudden episodes of intense fear and physical symptoms such as rapid heartbeat, trembling, sweating and shortness of breath. Someone with a panic disorder has feelings of anxiety, stress and panic regularly and at any time, often for no apparent reason.
Social Anxiety:
An overwhelming and persistent fear for social situations or performance areas which might be scrutinised by others. Symptoms include sweating, trembling, blushing and difficulty speaking.
Specific phobias:
An intense fear of an object, situation or activity that poses little or no danger. Common ones include spiders, flying, heights.
Health Anxiety:
Known as hypochondria, this is fear and preoccupation with having serious medical illness despite having little or no actual symptoms or evidence of illness.
When to see your GP?
When you feel like you’re worrying too much and it’s interfering with your work, relationships or other parts of your life.
Your fear, worry or anxiety is upsetting to you and difficult to control.
You feel depressed, have trouble with alcohol or drug use, or have other mental health concerns along with anxiety.
You think your anxiety could be linked to a physical health problem.
You have suicidal thoughts or behaviors — if this is the case, seek emergency treatment immediately.
How to Solve a Problem Like Recruitment? (or begin to )
With currently over 1 million vacancies unfilled and everyone I speak to telling me they are struggling to recruit, I often ask “are you offering the role as part-time/ job share/flexi-time/hybrid?” and 99% of the time they answer “no, that’s not an option for us”.
I started my business 10 years ago because I wanted to work part time and be a mom. At the time part time / flexi-time senior HR roles were not available to me and I felt that this was my only option for a work-life balance.
10 years on have things changed all that much?
You may believe that after Covid, things started to change and I agree to a degree. Covid and flexi-furlough allowed Companies to see that working from home and working flexibly can work for them. However, three years on and a large portion of Companies are asking for staff to return to the office.
Figures show that only 30% of vacancies advertised have some sort of flexible working and only 12% are part time roles. I have first-hand experience of businesses who believe that job shares or working part time won’t work for their Company, especially in more senior roles. Currently the job market suggests that the ratio between people wanting to work part time and roles available are 4:1.
I have heard many times “we would open the floodgates if we said yes to someone who wanted part time work” or “I can’t manage two people in that role, only one will work” or “a job share cannot work in that position” or “it won’t work for our industry”. So why are business owners and management so anti part time/ job share/ flexible working? There are a lot of prejudiced ideas around flexible working, I have had employees made to feel apologetic about their situation if they request part time/ flexi working. I know many people who have negotiated part time/ flexi working and now they are afraid to move company as they don’t believe they will have the same opportunity elsewhere.
Some larger Companies now have policies whereby all their vacancies have to be advertised as “part-time/ full-time/ job share”. These include all senior roles. By including these words on job adverts they have increased the job pool that they recruit from. These Companies have doubled their women in senior roles and tripled their male part time workforce.
10 years ago employees “needed” part time/ flexible working, today employees also “want” part time/ flexible working. Following Covid we have all experienced a different way of life and even those with no caring responsibilities would like shorter working hours.
When looking for a role, individuals seek out Companies who support part time/ job share/ flexible working roles. I recently had a great candidate refuse an interview because she wanted as a minimum a hybrid role, but the Company wanted them, 9-5, Mon-Fri, in the office. So why would a Company want to miss out on a great candidate?, again it’s attitudes like “this is what the next generation will be expecting” that means smaller Companies are not moving with the times and missing out on some really great candidates. Yes, it is what the next generation will be expecting and that’s why Companies need to change their culture and embrace flexible working.
Marks and Spencer’s have a female CEO who works a 4 days a week, she implemented a policy giving all employees the automatic option to work a 4 day a week or 9 day a fortnight.
A doctor instrumental in developing the UK’s vaccination for Covid-19, worked a four day week.
The counter-terrorism GCHQ have their first job share in a senior operational intelligence position.
These are a few examples where larger business have put policies in place to embrace the ever changing employment pool. Larger organisations understand that they not only have a larger pool of candidates to recruit from, but they will also retain staff, have a diverse workforce and can use job-shares because they understand that individuals have different strengths which strengthen their business in turn.
Small organisations will say “These Companies are larger, they have the ability to manage flexible working”. But what small businesses need to understand is that this is not going away, new recruits and employees will demand flexible working and if you as a business don’t have a plan, you will have a larger recruitment and retainment issue.
Recently we have had the 4 day week trial, where 61 business trialled a 4 day week (32 hours per week). After the trial, 92% of businesses said they wanted to continue, production levels were maintained and stress levels had dropped.
I would like to see more smaller businesses trial this, just to see what impact it would have on their business. I think they will be surprised at the positive effect it has on their business.
The government have plans to make it a “day one right” for employees to request flexible working, rather than at 26 weeks. Instead of paying lip service to these requests, I would recommend that businesses trial the employees request at the very least – be open and see the positives it brings.
If you would like to discuss flexible working / part-time working/ job shares / hybrid working/ working from home, then please contact me and we can look at a policy or work trial that suits you and your business. I’m not saying it will solve all your recruitment and retention issues, but I think it will definitely put you on the path to creating a culture whereby you will be seen as a Company that people want to work for.
Without Prejudice
In the recent case of Meaker V Cyxtera Technology UK Limited the Employment Appeal Tribunal (EAT) found that a ‘without prejudice’ letter from an employer offering a settlement agreement amounted to an effective dismissal letter.
The without prejudice letter was sent to the employee, Mr Meaker, confirming the settlement offer and stating that his employment would terminate by reason of mutual agreement. While Mr Meaker refused the settlement payment offered, he was paid for his notice period and holiday pay shortly thereafter.
It was decided by the EAT that due to the way the letter had been drafted, it was entitled to read the letter in two distinct parts: one openly terminating Mr Meaker’s employment and the other offering a settlement payment subject to agreement.
This case shows that, if a ‘without prejudice’ letter is not drafted carefully, an employer could inadvertently terminate an employee’s employment. This could then give rise to a claim of unfair dismissal from the employee, who will be entitled to rely on the letter as evidence before a Tribunal. If the letter follows settlement discussions, it will not be enough to simply mark a letter ‘without prejudice’ and refer to the termination as by mutual agreement.
It is therefore imperative that ‘without prejudice’ letters offering settlement are drafted carefully, to ensure that the without prejudice protection extends to the entire letter and not just the offer of settlement.
For assistance on Settlement Agreements and without prejudice conversations please contact me.
https://lnkd.in/esrYxDwE
The guidance emphasises that employers should take mental health problems as seriously as physical illnesses and points out that making reasonable adjustments for mental health can help employees to stay in work and work safely and productively, while also helping employers to retain employees and create a healthy work culture.
Examples are given of reasonable adjustments for mental health and employees are encouraged to talk to their employer if they need reasonable adjustments.
Tips are given on how to approach these conversations. The employer is also given tips on how to respond to requests for reasonable adjustments. If any reasonable adjustments are agreed, a trial period and monitoring is recommended bearing in mind that mental health problems can be long-lasting and individuals’ needs may change over time.
Guidance is given to managers on how to support those they manage to access the support that they need. Finally Acas recommends reviewing policies with mental health in mind, and suggests that employers have a policy in place that covers reasonable adjustments for mental health.
If you would like to implement a Mental Health Policy or would like any guidance, please contact me.