In a surprising turn of events in the Tokyo Olympics which closed last week, Simone Biles withdrew from the USA team and all round final.
On your marks get set……stop
If you had been keeping a close eye on the Olympics you will have heard that four time Olympic gold medalist Simone Biles pulled out of the competition saying that she needed to prioritise her mental health. The move brought praise from high profile figures in sport, entertainment, and politics, with British gymnast Matt Whitlock saying “you’ve pushed boundaries time and time again rest up and take time”.
American popstar Justin Bieber cut short his 2017 world tour due to anxiety and exhaustion tweeted that he was proud of the athlete for her decision, showing his support by tweeting “nobody will ever understand the pressures you face”.
Biles’ withdrawal from the USA team came off the back of numerous high profile athletes stepping down from demanding competitions for reasons relating to mental health. Earlier this year, Naomi Osaka confirmed she would not be treading the grass at Wimbledon, citing mental health issues and confirming that she needed time away from competing. Osaka’s advocacy of mental health for athletes took centre stage since her withdrawal from the French Open, and has seemingly made it more acceptable for individuals to publically cite mental health issues as a reason for stepping back.
Work and mental health
It is important for employers to take mental health matters seriously. There are numerous types of mental health issues, these can arise suddenly due to specific life events, or, quite commonly build up gradually over time.
Common mental health issues include:
- Stress
- Depression
- Anxiety
Less common conditions include Bipolar Disorder and Schizophrenia.
The Law
Employers have a duty of care. It is for an employer to do all they reasonably can to support their employees’ health safety and wellbeing including but not limited to:
- Carrying out regular risk assessments
- Protecting staff from discrimination/harassment
- Ensuring a safe working environment
Discrimination
Mental health conditions can be considered disabilities under the Equality Act 2010, if all of the following criteria are satisfied:
- The condition has a substantial adverse effect
- It affects their ability to do their normal day to day activities
- It lasts or is expected to last twelve months or more.
The key point is that mental health issues can still be considered disabilities even if they are not symptomatic all the time, or even if symptoms are better at some times than others.
For employees with mental health disabilities, employers are reminded that they must not discriminate against them because of their disability, and must also comply with the legal duty to make reasonable adjustments.
Simple changes to working arrangements or environments can often be enough, for example additional rest breaks and/or prioritisation or reduction of workloads.
Creating a Supporting Environment
Employers do what they can to make staff feel that they can talk about mental health issues and break the taboo and stigma attributed to any condition. Problems are less likely to build up with this approach, and there is likely to be less time off required for mental health issues and an overall improved moral in the workplace.
By creating a supportive environment where staff feel able to talk openly about mental health, and treating mental and physical health as equally important employees will feel more at ease to openly disclose conditions that are impacting them and their ability to either be at work or carry out work required of them without fear of detrimental repercussions.
Recommendations
- Regular one to ones
- Encouraging positive mental health
- Mental health awareness training workshops
- Mental health champions
- Social activities
- Creating mental health strategies
- Educating the workforce
Duty of care
Employees who are unhappy with how their employers have dealt with any mental health issues are able to take steps to address their concerns.
Initially, if there is a problem at work it is advisable to raise the matter informally in the first instance. Although mental health issues may give rise to a degree of nervousness and apprehension when it comes to willingness to raise any issues, the large majority of employers are open to resolving problems quickly without going through any formal process.
Often employees do not feel comfortable approaching their line manager, in which case there may well be somebody else in the organisation who the employee may feel more comfortable talking to, such as another manager, somebody in HR or a third party helpline that the employer has subscribed to. If the matter does not get resolved to the satisfaction of the employee informally, the issue can be raised formally by way of a grievance. In the event that a grievance does not resolve matters, employees may have a viable claim to be brought in the Employment Tribunal for disability discrimination.
For further advice on mental health issues and dealing with the same in the workplace please contact a member of our employment team on 0808 168 5588.
Kaajal Nathwani - Partner (Employment Law)
