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?