Mental ill-health is driving up cases of discrimination and tribunals
Mental ill-health is driving up cases of discrimination and tribunals
More employees are being classified as having a ‘disability’ — including people with conditions like stress, anxiety and depression, menopause and ADHD. The kinds of formal classifications that, in turn, are providing the grounds for claims of discrimination and workplace disputes.
In the past year, Acas data shows how workplace disputes involving claims of disability discrimination have risen by 31%. Around one in six of all disputes are now based on issues of disability.
Productivity vs health
The Equality Act 2010 says an employee should be considered disabled if they have “a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on [their] ability to do normal daily activities” — and this is increasingly being seen to include psychological ill-health.
At the same time, commentators suggest there’s been a change in the emphasis of HR in recent years because of financial pressures and constraints: a shift towards a focus on maximising productivity, which has meant less flexibility around work routines and arrangements. And with greater awareness of rights and expectations of support, this has led to more grievances and tribunal cases.
EAP partnerships
EAPA UK chair, Karl Bennett said: “Not dealing with the challenges of work-related stress has far-reaching implications — for the workplace environment, for engagement and productivity, and clearly also for workplace relationships. In other words, providing support through EAP services on mental health isn’t a nice-to-have, but fundamental to operational success.
“The context has obviously changed when it comes to how people dealing with stress, anxiety and depression are classified, and the kinds of ‘adjustments’ that are expected to be provided as a support. The most effective measures that an employer can provide will always be paying attention to the design of work roles from the beginning, doing what they can to balance the stresses with recognition and rewards, along with awareness of mental health and providing access to support and conversations that catch issues early.”