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Depressed at work?


 
By Aimee Morgan, Trainee Solicitor
Thursday 8th May 2008

1 in 5 people suffer from depression at some point in their life.  By 2020 depression will be a major international health burden, second only to chronic heart disease. Almost 3 in every 10 employees will suffer from a mental health problem in each year. 

Employers are often uneasy and unsure how to deal with an employee’s mental health problems.  It can be a difficult area to understand and therefore many employers ignore the issue. This is not the best approach.

Apart from on a humanitarian level, recognising and ultimately reducing cases of depression in the work place can be very beneficial for your business as depression is one of the main causes of sickness absence and remember happy employees are productive employees! Also by tackling depression early, you increase the opportunity of retaining experienced and valuable staff and therefore reduce recruitment costs. By spotting the symptoms of depression early and approaching the sufferer with help, they are more likely to make a speedy and effective recovery.

Another issue for Employers - Depression and the Disability Discrimination Act (DDA)

An employee who suffers from severe depression which substantially affects their daily life is likely to be considered as disabled under the Disability Discrimination Act (DDA).  The DDA states that where:

 "any provision, criterion or practice applied by or on behalf of an employer, or any physical feature of premises occupied by the employer places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, the employer has a duty to take such steps as it is reasonable, in all the circumstances of the case, to prevent the provision, criterion or practice, or physical feature, having that effect (section 4A(1), DDA).

Therefore an employer must make reasonable adjustments for an employee suffering from severe depression.  If an employer fails to carry out reasonable adjustments in relation to a disabled employee the employee could resign and claim constructive dismissal.

Top Tips for Employers

  • Look out for any uncharacteristic behaviour on the part of the employee e.g. not being able to cope with work, loss of motivation, distracted behaviour.
  • Approach the situation sensitively and informally to establish the root of the problem – remember the employee may not be suffering from depression.
  • Be approachable and ready to listen.
  • Direct the employee to their GP or a councillor if you think they may be suffering from depression.
  • If the depression is caused by a work issue, use your managerial power to remedy situations that have caused the condition.
  • Train your managers to recognise the symptoms of depression and how to approach employees.
  • Keep an open mind and be flexible.  Education is the best way to reduce the stigma associated with depression.

What should you do next?

We highly recommend that you introduce a Mental Health Policy to your staff handbook.  This policy should promote mental health awareness and encourage prompt and effective treatment of the illness.  It should also outline a back to work scheme for people returning to work after long periods of sickness absence. 

We also recommend that you directly raise awareness of depression throughout your workplace.  Encourage and highlight the importance of helping colleagues who may be suffering from depression and provide access to leaflets and information about depression and how to combat it.  You could also provide work shops for employees on how to manage work loads and reduce stress. 

Please remember, the earlier depression is spotted and treated, the quicker the recovery will be.  In most cases depression will not permanently affect a person’s ability to work productively.

If you would like assistance in drafting a mental health policy or advice on how to approach this issue in your work place please do not hesitate to contact Aimee Morgan or any other member of the Employment Team at Follett Stock on 01872 241700. 

 

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View profile for Verity Slater Verity Slater    
Associate Partner & Head of Employment
DDI: 01872 247284
email address   Email Verity

View profile for Graham Groves Graham Groves    
Solicitor
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View profile for Emma Bramley Emma Bramley    
Solicitor
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View profile for Claire Knowles Claire Knowles    
Employment Services Facilitator
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View profile for Aimee Morgan Aimee Morgan    
Trainee Solicitor
DDI: 01872 245171
email address   Email Aimee

For all enquiries about Employment Law related issues, please contact any member of our specialist team on 01872 241700 for further information or to arrange an appointment.
 




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