Mind over matter

12 March 2007

One in four people experience some form of mental health problem during their lifetime and, despite a willingness to work, many are excluded from continuing in, or gaining, paid employment. The employment rate amongst those with severe mental health problems is just 20% compared to 65% of those with a physical disability. Could you do more to help if you put your mind to it?

There are numerous forms of mental illness, many of which can affect a person’s ability to concentrate, cope with pressure or interact with others. In addition, to eating and learning disorders, the most common diagnosable mental health issues are:

Stress, Anxiety and Depression: where the individual may find it difficult to make decisions or perform tasks and may be unable to attend work
Psychosis/Schizophrenia: where the person may hear, see or believe things that aren’t real to others causing them to withdraw
Bi-Polar Disorder/Manic Depressive Illness: where a person can experience extreme mood swings with episodes of depressive symptoms followed by high energy levels when they become rash and irresponsible
Personality Disorders: which can make it difficult for people to control their emotions or behaviour making it hard for them to maintain relationships and co-operate with others.

The Disability Discrimination Act applies equally to both mental and physical impairments. A mental health condition will be classed as a disability if the impairment is likely to last at least 12 months and would have a substantial adverse effect on a person’s ability to carry out normal day to day activities.

Employers’ obligations under the Act include a duty not to discriminate, on the grounds of, or for a reason related to, a person’s disability and a duty to make reasonable adjustments to any working arrangements which put a disabled person at a substantial disadvantage.

Therefore, it is unlawful to:

Reject an applicant, or deny promotion to an employee, simply because of a disability. This is prejudicial treatment amounting to direct discrimination and can not be justified.
Treat a disabled person less favourably than a non-disabled person for a reason related to their disability, such as dismissing an employee for lack of attendance, when the absences are disability related. Disability related discrimination may be justified if there is a material and substantial reason for the treatment.

Certain mental health problems can be controlled by medication and in many cases people will recover fully from their condition. Generally, being in work is more therapeutic than not working, enhancing a person’s mental health and wellbeing. Nonetheless support should be made available and the working conditions must be suitable, which may mean making adjustments to the role.

The duty to make reasonable adjustments applies to any provision, criteria or practice of the employer. It is unlawful to refuse to make any adjustment that is “reasonable”, taking into account the size and resources of the employer and the extent to which the adjustment, if made, would overcome the disadvantage. Professional advice should be sought and the individual should be consulted over any changes which may be necessary. Reasonable adjustments for mental impairments might include:

Flexible working hours as medication can cause drowsiness at certain times of the day
Giving frequent rest breaks for those who have shorter concentration spans
Writing things down, if the person has difficulty remembering verbal instructions
Re-allocating certain duties or breaking large tasks down into small ones to alleviate the pressure
Providing a “buddy” who understand the persons needs and can provide support when the work seems difficult
Moving the working area away from noises, sights or sounds which may cause distraction or provide equipment to screen these out.
Regular contact to ensure that they have understood information and instructions and have the support needed

There are vast number of organisations acting to raise the awareness of mental health issues and the workplace, including the Department of Health and the charity Mind. Employers no longer need be ignorant about employing people with mental health problems and can work together with specialist agencies to create more inclusive employment practices. Employers can demonstrate commitment by signing up to the “Charter for Employers who are positive about Mental Health’ through the organisation Mindful Employer.