A recent article on WalesOnline has claimed that stressed-out people are turning Wales into a nation "dependant on anti-depressants”, with prescriptions of some drugs rocketing by more than 100% in just the last six years.
And with the majority of a person's waking day being either spent in work, travelling to work or thinking of work, it is fair to say that a main source of stress and anxiety can be from within the workplace.
Stress and depression are always difficult to handle within the workplace as they cannot usually be detected as easily as other symptoms. As a result, they along with mental health issues are being labelled as the "silent epidemic".
Recognising stress as a disability
Employers need to be especially cautious when dealing with the issues particularly due to the potential of such conditions being classed as a disability. The definition of a disability under the Equality Act 2010 is "a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out day-to-day activities."
As depression can have such a debilitating effect on sufferers, coupled with the wide reaching definition of disability, many employers can fall foul of such legislation resulting in discrimination claims.
As such, it is essential that employers are attentive to the mental health of their employees, and actively encourage employees to address any concerns that they may have at an early stage.
Dealing with stress and depression in the workplace
If an employee is absent from work and provides a sick note from a GP citing work related stress or depression, the employer should address matters immediately. It’s easy to fall into the easy trap of ‘out of sight, out of mind’, but the longer an employee remains absent from work due to such issues, the more difficult the situation becomes to resolve.
It is essential that the employer gets to the root of the employee's problem, and looks to discuss the matter with the employee in question. A lack of support is a common cause of depression within the workplace and the employer should work with the employee in ensuring that their voice is being heard.
Obtaining a report from the employee's GP or an independent Occupational Health Consultant is also a useful way for the employer to gain a better understanding of the employee's condition and what can be done to assist the employee in returning to work.
5 ways to handle stress and depression
1. Encourage employees to approach you if they have any concerns – this can be strengthened by the implementation of a policy
2. Ensure that all staff feel supported within the workplace
3. Help absent workers by striking up a discussion with them. Try to ascertain whether you can assist them in returning to work
4. Keep record of any conversations that you have with the employee – ensuring you have a paper trail is essential, particularly if matters end up going to an Employment Tribunal.
5. Get Advice – it is strongly recommended that you seek advice in handling such situations, particularly due to the danger of potentially falling foul of discrimination laws.
Howells Solicitors specialise in providing employers with expert advice in employment law. Whether you’re facing a discrimination case or are seeking guidance on how to deal with specific situations, we can help. Visit our employment law page today and find out how we can help.
