The depression era

21 April 2008

This week (21 -26 April) is Depression Awareness Week, first set up 13 years ago by leading UK charity Depression Alliance, to encourage understanding and support of the condition, which is experienced by 1 in 10 adults in the UK at any one time. The theme this year is employment and to mark the occasion we have put together a Q&A to help employers manage depression in the workplace.

Is depression covered by the Disability Discrimination Act?
For an individual to be protected under the DDA they will need to show that the depression has a substantial and long-term effect on his/her ability to carry out normal day-to-day activities.

The depression will have a long term effect only if it has lasted, or is expected to last, for at least 12 months. However, in the case of a recurring condition, such as depression, the DDA does make particular provision to provide that any periods when the condition ceases to have an adverse effect shall nonetheless be treated as having that effect if the condition is likely to recur. Therefore periods between episodes must be included in the assessment, as well as any time after the last episode, if it is likely that the depression will return in the future.

Why should my organisation be concerned?
Mental ill health is the second largest cause of time lost due to sickness absence with stress, depression, and anxiety accounting for over 50% of mental health problems. Research by the CIPD found that people suffering from depression took an average of 30 days off for each sickness absence spell.

Depression can seriously affect someone's ability to work effectively. Employees who work with depression may find it difficult to concentrate fully and judgment can be impaired leading to mistakes and possibly accidents.

Job related factors, which cause stress at work, can contribute to depression especially when this coincides with personal problems. Employers cannot ignore the warning signs that stress is having an adverse effect, which will put the employer on notice of a potential stress-related illness and trigger a duty to take remedial action such as a reduction in working hours, redistribution of work or counselling. Similarly, under the DDA, the employer will be under a duty to make reasonable adjustments if it knows, or could reasonably be expected to know, that the person is disabled and suffering from a substantial disadvantage by the working arrangements.

How can I tell if an employee is suffering from depression?
Employees may not be aware that they are showing symptoms of depression and those who have been diagnosed with a depressive illness may be reluctant to tell their employer. It is therefore important for managers to be aware of the signs that could indicate an onset of depression and to discuss sensitively with that employee any problems they may be experiencing.

Behaving out of character can be symptomatic of depression. For example you may notice that someone is:

Working slower than before and for longer hours
Making more mistakes than usual
Becoming forgetful or lacks their normal level of concentration
Unusually late or absent
More argumentative
Less efficient at delegating or making decisions

As an employer, what practical steps can we take?
Depression is very treatable and early intervention can aid a quick recovery and reduce the likelihood of further episodes. Therefore one of the first things that employers can do is to raise awareness amongst the workforce and encourage employees showing 5 or more of the symptoms to seek professional help through their GP, or Occupational Health. The symptoms of depression can be described using the acronym FESTIVAL.

Feeling - depressed, sad, anxious or bored
Energy -tired, fatigued, everything an effort
Sleep – waking at night or early, difficultly falling asleep or oversleeping
Thinking -poor concentration, forgetful or indecisive
Interest – lack of interest in food, sex, work and life seems dull
Value - low self esteem or feelings of guilt
Aches – unexplained headaches, chest or other pains
Live - not wanting to live, suicidal thoughts or thinking of death

Can we dismiss an employee with depression?
There is a strong business case for supporting employees who become ill in their recovery process and accommodating a return to work. However, depending on the circumstances this may not always be possible and an employer will have a fair reason to dismiss on the grounds of capability if the employee has unacceptable attendance or job performance, wholly or partly, attributed to the depression. Employers must follow a fair procedure, which will include obtaining a medical report and consulting with the employee. Irrespective of the duty to make reasonable adjustments, employers should consider any alternatives to dismissal before terminating the relationship, which should only be taken in justifiable circumstances and in accordance with the statutory dismissal procedure. Note though, that it is automatically unfair to dismiss an employee because they have post-natal depression before the end of her maternity leave period.

It is estimated that in almost any workplace the number of employees suffering an undiagnosed mental health problem, probably depression, is as much as 20% and the World Health Organisation predict that by 2020 depression will be the second leading global health burden. Visit www.depressionalliance.org for more information on the steps your organisation can take to put depression behind you and embark on the new age where employers are demonstrating that they are positive about mental health.