promoting workplace equality on mental health...promoting workplace equality on mental health...
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Promoting
workplace equality
on mental health Equality Mainstreaming Project 2013-2014
Stigma = Silence
Stigma stops people seeking help
Stigma makes the experience of being unwell much harder
Stigma may lead to discrimination
1 in 2 Irish people would not want others to know
if they had a mental health problem
See Change: The National Mental Health
Stigma Reduction Partnership
Overview of project
1. Consultation & report on the mental health issues and concerns
faced by Irish workplaces
2. Mental Health Policy Document for the Workplace
3. Case Law Review on Mental Health in the Workplace
4. Pilot training workshops
Project Rationale
Irish workplace attitudes remain closed:
57% believe that being open would have a negative impact on job
and career prospects (2012) up from 48% in 2010
47% believe that being open would have a negative effect on a
person’s relationship with colleagues (2012) up from 36% in 2010
Only 1 in 5 say they would be very comfortable working with
someone with depression
Project partners
A Steering Group was established to provide guidance for this project. We worked
with a number of key partner organisations:
- Equality Authority
- Irish Business and Employers Confederation (IBEC)
- Sigmar
- Employment Health Advisors (EHA)
- Irish Congress of Trade Unions (ICTU)
- Business in the Community Ireland (BITCI)
- Suicide or Survive (SOS)
1. Consultation on mental health issues
and concerns faced by Irish workplaces
- Consultation with partners and HR managers from companies to
discuss concerns, blockages, legal fears and HR implications when
it comes to mental health in the workplace
- 1 day round table discussion meeting & anonymous online survey
- Report on ‘Mental Health Issues and Concerns Facing today’s Irish
Workplaces’ which directly informed the rest of the project
1. Consultation on mental health issues
and concerns faced by Irish workplaces
Attendees
from:
– Irish Aviation Authority
– Aramark Ireland
– Sigmar
– Bord Gáis Energy
– Arthur Cox
– IBM
– Bord na Móna
– INTO
– The Law Library
– Central Bank of Ireland
– ESB
– State Street
– An Post
– Bentley
– Deloitte & Touche
1. Consultation on mental health issues and
concerns faced by Irish workplaces
Key
themes:
2. Mental Health Policy Document for the
Workplace
Author: Beverly Webster,
Equality Consultant, M.Sc; Dip. REBT; MICBT Accred
Section 1
- The Employment Equality Acts
- The Safety, Health & Welfare at Work Act
- Types of Discrimination
- Disclosure
- Reasonable Accommodation
- Medical Assessment/Examination
- Data Protection Considerations
2. Mental Health Policy Document for the
Workplace
Section 2
- What to Include in a Workplace Mental Health Policy
Section 3
- Implementing a Workplace Mental Health Policy
Appendices
- Sample Template Workplace Mental Health Policy
- Developing a Reasonable Accommodation Procedure
- Workplace Mental Health Policy Checklist
- Example Action-planning Template
2. Mental Health Policy Document for the
Workplace
Implementing a Workplace Mental Health Policy
Step 1: Engage with Staff
Step 2: Establish a Cross-functional Committee to Develop Policy
and to Manage and Co-ordinate Policy Implementation
Step 3: Provide Training
Step 4: Review Policies, Procedures and Practices
Step 5: Bringing it All Together – Producing an Action Plan
Step 6: Monitor, Review and Amend the Plan and Policy
3. Case Law Review on Mental Health
in the Workplace
Author: Eilis Barry BL
Practicing barrister specialising in anti-discrimination and
employment law
The review is focussed on the case law under the Employment
Equality legislation that deals with mental health issues
3. Case Law Review on Mental Health
in the Workplace
Section 1: Rights, Employment Equality Acts, Discrimination,
Disability, Health & Safety, Medical Assessments,
Case examples, Harassment, Victimisation,
Liabilities, Positive Action.
Section 2: Specific Provisions Relevant to the Disability Ground
and Mental Health in the Workplace
3. Case Law Review on Mental Health in
the Workplace
Section 3: Reasonable Accommodation
Section 4: A Summary Statement of Guidance, Learning, Best Practice and Policy Recommendations
Section 5: Guidance and Best Practice from Other Jurisdictions
Section 6: Other National Instruments
3. Case Law Review on Mental Health in
the Workplace
The Meaning of Disability within the EEA
― There is a very broad definition of disability in the EEA. The
majority of conditions, including most mental health issues, will
come within the protection provided by the legislation. There
have been a small but growing number of challenges as to
whether a particular condition constitutes a disability for the
purposes of the legislation.
3. Case Law Review on Mental Health in
the Workplace
The Definition of Disability
― If an employee/potential employee can bring their condition
within any aspects of the definition of disability, then the protection
of the legislation will apply.
― The disability does not have to be work-related in order to come
within the definition. For example, the Equality Officer in Mr O v A
Named Co held that “it is irrelevant whether the stress was work-
related, the fact is that he suffered stress (a disability under the
1998 Act) and the issue of discriminatory treatment, harassment
and victimization must be investigated in that context”.
― A disability can be acquired during the working life.
3. Case Law Review on Mental Health in
the Workplace
The employer in Ms B v A Newsagents & Deli argued that work-
related stress was not a disability. The Equality Officer stated that:
“…disability must be looked at “in the round”. It cannot be a
game of bingo where a complainant’s doctor labels a
condition on the medical certificate in a certain way and the
disability provisions automatically apply and s(he) calls it
something else and the disability provisions do not apply.”
3. Case Law Review on Mental Health in
the Workplace
In Stobart (Ireland) Ltd v Beashel the employee had depression. The
employer argued that the Claimant was suffering from an illness, as distinct
from a disability. The Respondent argued that the Claimant did not attend
a medical practitioner regarding his “disability” other than on one occasion
and was not prescribed further medication, and that he had therefore
recovered from his “disability” in a very short time:
The obligation on the Respondent was to establish whether the
Complainant’s condition was likely to be long or short term either by
engaging with the Complainant directly or through his or the Company’s
own medical advisors. It was not sufficient that it made no enquiries and
sought to rely on subsequent events to justify its decisions.
3. Case Law Review on Mental Health in
the Workplace
Stobart (Ireland) Ltd v Beashel continued…
― Moreover it is clear from evidence before the Court that the
Complainant continues to suffer to some extent from the illness
particularly around the time of the anniversary of his father’s death.
In that context the Court finds that the Complainant was suffering
from a disability within the meaning of the Act.
Project documents
4. Pilot Training workshops
- The pilot training draws from the project learnings as a
second phase of the See Change workplace training,
ensuring that it incorporates the equality perspective.
- This training is being piloted initially with companies that See
Change has already offered training to and some new
companies that have not received training previously then
evaluated to establish the added value of the new elements.
See Change in your workplace
See Change in your workplace
a) Intro to mental health
b) Why talk about it
c) What you can do
a) Employment and Equality law &
mental health
b) Supporting a colleague
c) The manager’s role
1
2
Ready to play your part? 6 steps to see change at work
Managerial Level
1. Training workshops for line managers
2. Policy overhaul and implementation
Staff-wide
3. In-house mental health promotion
4. Nominate staff champions
Public engagement (Make it official)
5. Organise a stigma challenging activity in your workplace
6. Become and official See Change workplace
There is no simple way of knowing is someone has a mental
health problem and sometimes you don’t need to know.
It’s more important to respond sensitively to someone who seems troubled
than to find out whether or not they have a diagnosis.
Working in a supportive team that cares about the wellbeing of its members
can make a huge difference to their ability to cope.
Supporting a colleague
Questions…
Equality law introduces the concept of reasonable accommodation Over to you:
> Think about how someone with a physical disability could be accommodated at
work..
> What can an employer do to support someone experiencing a mental health
problem?
> What can be considered reasonable in your workplace?
What does the law say?
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