Irish employers take time to promote mental wellbeing of staff
Linda Hynes, a partner in the employment, immigration and reward division of law firm Lewis Silkin.
Employers are becoming increasingly aware of their critical role in safeguarding the mental wellbeing of their staff, says one leading industry expert.
Linda Hynes, a partner in the employment, immigration and reward division of law firm Lewis Silkin's Dublin office, says managers are actively checking in on people’s wellbeing.
Noting that April is Stress Awareness Month, in this interview, Linda reminds employers of the actions they can take to ensure that their employees’ mental health and wellbeing is seen as a business priority.
We are seeing a significant increase in employees feeling stressed and overwhelmed and not supported by their managers which is leading to an increase in employee grievances, bullying complaints and stress related sick leave. We are seeing an increase in employees stating in these grievances that their employer has failed to provide them with a ‘psychologically safe workplace’ and increased references to the workplace being described as ‘toxic’.
These grievance and bullying investigation processes can be quite intense for both the employer and the employee so it’s important for employers and particularly managers and team leads to try and recognise the signs of stress early to try and support and resolve the employee before the issue becomes a larger one. Managers should have regular check-ins with employees to see how they are doing. This is particularly important, and can of course be more challenging, where employees are working fully remote, and it may be harder to get that in-person engagement with them.
Check-ins are key. Where an employee is suffering from work related stress that leads to a recognised psychiatric or psychological illness or injury such as depression then the employer could be held liable for that personal injury. Also where these issues are not resolved satisfactorily, they often lead to claims before the Workplace Relations Commission that could include constructive dismissal and penalisation claims. So it’s in everyone’s interest to ensure stress in the workplace is recognised quickly and managed appropriately.
As a minimum, employers should be:
Normalising conversations around mental health — the more employers raise awareness of the issues, the more likely it is that employees will seek support before their health is impacted. If an employee recognises the signs that their mental health is negatively affecting them, identifying the impact of work and life pressures and seeking help at an early stage will go some way to preventing longer term implications.
Identifying risks with the business — as with any health and safety consideration, employers need to carry out an assessment of the risk to their staff of mental health problems. Looking at workload, ways of working and manager styles are key steps in identifying where the risks lie and what needs to be done.
Offering wellbeing support — Employer Assistance Programmes, wellbeing rooms and mindfulness apps are commonly offered by employers as part of their employee benefits entitlements. Giving employees the chance to disconnect and access these services not only demonstrates an employer’s commitment to its employees’ mental welfare but also provides early intervention for employees who are juggling with work and life stresses.
Training managers — managers will often be the first people to spot an employee struggling but won’t necessarily be equipped with the skills to deal with it. Training managers on how to identify problems, how to talk about mental health and how to support a colleague in their team, is a crucial step in meeting an employer’s overall duty of care towards staff.
We are seeing a trend in younger workers feeling more comfortable in raising mental health and stress concerns earlier before they get to the stage of burnout. However, if their manager is not trained in how to manage these issues then these can lead to an escalation of the issue and grievances. Generally, people are becoming more comfortable speaking about stress, mental health and wellbeing in the workplace but there is still some reluctance in older generations to disclose these issues in case it is seen as a weakness or a lack of resilience. Reaching this section of the workforce may require a different approach in encouraging them to talk about their experiences and the support they may require.
In the new era of remote and hybrid working, employers and employees need to be cognisant of the challenges of managing and dealing with workload and stress as a remote worker. While working from home/ hybrid working brings with it many benefits in terms of a better work-life balance, it also brings with it challenges for employees, for example, creating appropriate boundaries between their work life and home life, feeling isolated from team members or support etc.
Having appropriate policies and support programmes such as EAP Programmes in place is important but it’s even more important that employees are signposted to the supports that are available. Managers being able to recognise any potential indicators of workplace stress is also crucial so that they can check in with the employee as appropriate.
For example, if you can see people sending emails late at night and really early in the morning it’s a sign they are overwhelmed with work or at least have something going on that has an impact on them. A sudden change in their attention to detail and making errors they wouldn’t normally make can also be a sign. Looking fatigued and not sleeping well, appearing disorganised, lack of appetite, drinking or smoking more, making negative statements or being unusually quiet are all potential signs that someone is suffering from stress.
If managers are concerned that they are seeing some of these signs, a simple call or coffee to check in can make a huge difference. Annual leave is essential to give employees a break and employers are under an obligation to ensure employees take their annual leave during the year and have a proper opportunity for rest and relaxation. However, employees need to feel they can actually take their leave and properly switch off and they should be encouraged to do so. Leading by example is essential here — if managers are not taking their breaks, not taking annual leave and are sending emails outside of working hours, then employees may feel this is what is expected of them also. Managers should ensure employees have decent breaks (and at least one two-week break) booked in the year. They should ensure that there is a proper plan in place to cover the employee so that they can switch off properly while on leave and they should ensure they are messaging to employees how important it is to take their leave.
Communication with employees on the topic of workload management, work-life balance and stress is key. Employees should understand the employer’s available supports and be clear that the employer is committed to promoting wellbeing and better mental health in the workplace. For example, Lewis Silkin has signed up to the Mindful Business Charter. The Charter’s aim is to remove unnecessary sources of stress and promote better mental health and wellbeing in the workplace. It recognises that we cannot remove all sources of stress, nor will change happen overnight — but as a business community we have a responsibility to try to do things differently. It focuses on being respectful of people’s time in meetings, respecting rest breaks, delegating work fairly and with proper direction and information. So it can be a lot of small steps rather than making huge changes.
Managers leading by example is critical. Partners in our firm make it clear that being able to switch off regularly is important and lead by example by sending photos of their holidays and family events and encouraging colleagues to do the same. We also have a sabbatical policy that applies across the firm no matter what business area you work in and at all levels.
Lewis Silkin also operates a holiday purchase scheme allowing employees to purchase additional holiday days of up to two additional weeks each year as part of its efforts to promote a healthy work-life balance.
Family-friendly policies are also important to help employees balance work and personal life and we were very proud recently to introduce a groundbreaking New Parent policy which entitles all new parents employed in our firm - irrespective of role or gender — to a full 12 months’ leave and six months’ full pay.
We are also helping clients who have a concern that there is a cultural issue in their business by carrying out Culture Audits. A culture audit looks more broadly at issues that staff may be concerned about without requiring them to enter into a formal process. The culture audit enables you to get ahead of problems and take action before they arise through appropriate interventions and remedial actions.
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