In October 2023 the Advisory, Conciliation and Arbitration Service (ACAS) updated its guidance on 'supporting mental health at work', with a new subsection entitled 'having a policy' which sets out what an employer's mental health policy should include. This article examines the updated guidance and how employers can look to improve or draft their mental health policies.
DISABILITY HISTORY MONTH RUNS FROM 16 NOVEMBER TO 16 DECEMBER 2023.
For our final article that spotlights disability issues, we focus on the new updated ACAS guidance on supporting mental health.
Mental health and the Equality Act 2010
In our previous articles, we looked at the definition of disability under the Equality Act 2010. Poor mental health will be experienced differently by each individual, such that it is not automatically considered to be a disability. However, early employer engagement with Occupational Health or other medical experts will be helpful in understanding how an employee can be best supported, regardless of disability status.
Why your organisation should have a mental health policy
It is estimated that 1 in 4 people in the UK will experience a mental health problem each year. The Office of National Statistics review 'Rising ill-health and economic inactivity because of long-term sickness, UK: 2019 to 2023' published in July 2023 found that 1.53 million people in the UK are economically inactive as a result of long-term sickness, stating mental health conditions as the cause.
A 2022 Deloitte report, titled "Mental health and employers", found that poor mental health costs UK employers up to £56 billion a year. These costs can be partially attributed to presenteeism, when individuals are less productive due to poor mental health in work, as well staff turnover and sickness absence. This figure had increased by 25% from 2019, with the Covid-19 pandemic undoubtedly having contributed to this rise. The report found that if employers began investing in providing support towards the improved mental wellbeing of employees, the average return for employers from such measures would be £5.30 for every £1 invested.
When employees feel supported by their employer and can talk openly about mental health problems, this can help to ease some effects of poor mental health. This can also lead to less time off and improved morale.
A mental health policy can provide employees with helpful guidance on available next steps if they are struggling with their mental health, without having to speak to someone directly to access initial information. This can be helpful to employees where they are reluctant to speak openly about their mental health. A policy which collates all support resources in one place is also easier to access and refer to, making it a less overwhelming process for a vulnerable individual seeking information.
What your mental health policy should cover
The full updated ACAS guidance is available here. It recommends that a mental health policy should cover:
- what mental health is and how it can affect people – including how it can affect anyone at any time and can affect everyone differently;
- how your organisation is open to talking sensitively about mental health problems;
- what mental health training is provided to managers and individuals in your organisation;
- what support is available to employees struggling with their mental health – including where to find internal and external support;
- the procedure if an employee needs time off for mental health reasons;
- details of your return to work process;
- the confidentiality of conversations concerning mental health;
- the process for employees to raise any concerns about your processes; and
- how and when the policy will be reviewed and updated.
ACAS also note that, where applicable, employers should work with their recognised trade unions, or employee representative bodies, to develop and review their policy.
Employers should encourage everyone in their organisation to understand their mental health policy. It should be made easily accessible across the whole organisation, reviewed regularly, used as a basis for training, discussed with employees regularly and included in the employee induction process. Employers should be live to the complexities of mental health and its ability to affect individuals in a variety of ways. When applying the policy in practice, employers should do so with an employee's individual circumstances in mind and adapt support as appropriate.
Key takeaways
It is critical that employers are equipped with the awareness and tools to address poor mental health amongst employees. The Stevenson / Farmer review of mental health and employers, titled 'Thriving at work' believed that the number of people leaving employment due to mental health each year could be reduced by a third through implementation of "mental health core standards", which closely reflect the updated ACAS guidance. A considered mental health policy, which reflects this best practice, could therefore be of huge benefit to both employees and employers alike.
The contributors to this article were Kelly Brown, Gill Hutchison and Sophie Mitchell.
