This section offers information on good work practices in the following areas:
- Manage mental health issues in the workplace:
- productive employment relationships
- discrimination
- Stress and Bullying
- Flexible Working Arrangements
- Reasonable Accommodations.
NOTE: The legal information provided throughout this toolkit is for guidance only and should not be regarded as an authoritative statement of the law, which can only be made by reference to the particular circumstances which apply. It may, therefore, be wise to seek legal advice.
Productive employment relations
People generally know how to deal with physical injuries, but feel unsure and lack confidence in dealing with mental health issues.
A starting point to manage mental health issues in the workplace is effective communication with employees to develop an open culture where employees feel able to discuss their problems.
A starting point to manage mental health issues in the workplace is effective communication with employees to develop an open culture where employees feel able to discuss their problems.
Apply the legal framework
- The Employment Relations Act (ERA) aims to build productive employment relationships, which will change in response to changing needs and conditions.
- The ERA recognises that although there may be different employment interests, there are common grounds in the viability and success of all organisations.
- The ERA is underlined by the concept of good faith, meaning that employers and employees are not allowed to mislead or deceive each other.
Employers are obliged to:
- Provide information that is not misleading.
- Provide employees with access to information that may affect their employment.
- Allow employees the opportunity to consult, prepare, and comment before decisions affecting them are made.
- Allow employees to have support people present if wanted.
Beware of unconscious bias
People are often uncomfortable talking about mental health issues at work because:
- A reference to a worker’s mental health may be seen as a form of criticism.
- A lack of confidence or knowledge around dealing with mental health may leave people feeling out of their depth.
- Managers may feel a workload has contributed to mental health issues.
- Discussing mental health is viewed as inferring weakness or unreliability.
- A lack of understanding means mental illness can be less visible than physical illness.
- There is a traditional belief that people need to deal with their health issues outside of their employment. “Don’t bring your problems to work.”
As a result the issue can stay hidden, or secondary issues become the ‘problem’.
Demonstrate inclusive practice
- To ensure the right issues are addressed and the most effective changes are made it is critical to obtain staff participation in the process of analysing employment areas.
- Apply the principles of good management to communicate with employees with mental health issues, including:
- Knowing your staff and talking to them openly and honestly.
- Being able to identify issues early, and having a good overview of what support and assistance you or your company can provide.
- Make conversations about staying mentally well part of the routine at work.
- The focus needs to be on job performance rather than mental health issues, including:
- Raising employment issues with the employee when necessary and being aware that all employees will have their issues at various times, not just those with mental health issues.
- There may be a need to be slightly more aware of people’s requirements and respond in a meaningful way by providing support and having the right skills to do so.
- Having an open and honest relationship between the employer and employee.
Discrimination
The Human Rights Act and the Employment Relations Act prohibit discrimination against people with mental health issues or against those caring for them.
- Employers can be liable for discrimination by employees, contractors, and volunteers.
- Employers can protect themselves against liability by implementing a suitable discrimination, harassment, and bullying prevention programme.
Beware of unconscious bias
- Many people with mental health issues do not disclose this to work colleagues or managers because of the fear that they will face stigma and/or discrimination, including:
- Name calling, bullying, inappropriate jokes, or becoming the office scapegoat.
- Exclusion from activities or roles due to concerns about how others may react. o Lack of career development or training opportunities.
- Having tasks taken away, not being offered challenging projects, or being micromanaged.
- An employee’s enjoyment and confidence in a job can be negatively impacted by changing the job role based on assumptions, or by ignoring concerns the employee has.
- Employees with mental health issues have not traditionally received the same reasonable accommodations as others in the work force, so may hide their issues to avoid discrimination.
Demonstrate inclusive practice
- To show it is a topic that can be discussed in the context of supporting staff, information should be available for all employees about mental health. Modelling that mental health is everyone's concern.
- Education of staff about mental health issues helps to reduce stigma and increases an acceptance of employees with mental health issues. It also helps staff come forward early to manage issues before they become a problem.
- Workplaces free of stigma and discrimination do not happen by accident.
- Inclusive employers ensure employees feel comfortable disclosing mental health issues in an environment that does not discriminate, and that they have access to support when required.
Stress and bullying
Challenges are “an opportunity to win” that motivate us to accomplish things and can be a good kind of stress. Threats are “an opportunity to lose” that can lead to low morale and distress in the work environment.
Everybody at some point needs to take some time out, whatever the reason.
Everybody at some point needs to take some time out, whatever the reason.
Apply the legal framework
- The Health and Safety in Employment Act requires employers to maintain a safe working environment and to implement sound practices to identify, eliminate, contain, or minimise all possible hazards. This includes managing issues of workplace stress and fatigue.
- Employees have a role in reporting issues of concern regarding their own safety and wellbeing.
- Workplace bullying is a significant hazard in New Zealand, affecting people physically and mentally, disrupting workplaces, and reducing productivity.
- Employers who ignore bullying risk breaching legislation, such as the Health and Safety in Employment Act, the Employment Relations Act, and the Human Rights Act.
Beware of unconscious bias
Stress
- A person with mental health issues can experience stress as a result of workplace causes, so do not assume stress is caused by any mental health issues they may have.
- Distress and low morale can come from two main sources:
- Work experiences such as: physically, mentally, or emotionally tiring work; having little control over how to do their job.
- The organisational climate such as: poor feedback about performance; unfairness; being ignored, and so on.
Bullying
- Bullying can be obvious (e.g. put downs) or subtle (e.g. attempts to undermine credibility, performance, or confidence).
- Bullying can be direct and personal, or indirect and task-related.
For more information see Work Safe’s Preventing and responding to bullying at work.
Demonstrate inclusive practice
- Focus on the prevention of stress and the provision of a healthy workplace rather than stress management of individuals. An emphasis on the amount, content, and organisation of work is essential to maintain a healthy, safe, and productive workplace.
- Build good relationships to create a respectful work environment that sees value in diversity and prevents bullying.
- Provide a clear picture of what a business wants to achieve with guidelines for expected behaviour, work culture, and values.
- Use ordinary management tools to identify issues and needs for all employees.
- Regular work planning sessions, appraisals or informal chats about progress can all provide neutral and non-stigmatising opportunities to find out about any issues your employee may be having.
- Use open questions such as “How are you doing at the moment?” to identify possible issues, or to address any specific grounds for concern before the situation escalates.
Flexible working arrangements
The employee should be able to say, “This is what I’ll do to stay healthy at work” and the employer needs to be able to say, “This is what I can do if concerns arise.”
Apply the legal framework
- The Human Rights Act creates an obligation for an employer to take reasonable measures to meet the needs of employees.
- The Act does not require changes that would unreasonably disrupt an employer’s activities.
- Flexible Working Arrangements give employees the right to ask employers for flexible working arrangements such as flexi-time, home working, altered hours or job share.
Beware of unconscious bias
- Flexibility should be offered to all employees to ensure equality.
- Flexible work arrangements benefit both employers and employees:
- Flexibility allows employees to deal with life issues during work time.
- Flexibility results in a payoff to employers in terms of increased employee productivity and loyalty.
- Asking for flexibility should not be seen as a barrier to career advancement.
- Many workplaces find it easier to accommodate physical illness or disability than mental health issues.
- Work adjustments depend on the employee feeling safe to disclose that they have a mental health issue.
Demonstrate inclusive practice
- Respect the confidentiality of employees and specifically identify the form and degree of confidentiality provided.
- Be willing to engage in joint problem solving.
- Make all accommodations voluntary for the employee.
- Be flexible in enforcing traditional policies and be prepared to review accommodations periodically to meet changing needs. Set up easy and accessible mechanisms for reviewing accommodations.
- The principles of accommodation can help you to create a positive and more productive environment.
- Be concrete and specific when identifying accommodations. Putting them in writing is a good idea.
- Create an environment where diversity is accepted by addressing the individual needs of all employees.
Reasonable accommodations
Reasonable accommodation is not about lowering the standards of the job performance or qualifications; it is about changing the way those standards are met.
Apply the legal framework
- Employers have the responsibility to provide reasonable accommodations to employees with mental health issues by making adjustments at work that assist them to perform their best.
- Reasonable accommodations entails making changes to a workplace to create an environment that is intended to ensure equality of opportunity. Reasonable accommodations include modifications or adjustments which will allow a job applicant with mental health issues to participate more equally in a workplace. This can be physical adjustments or modifying how a job is done.
- Reasonable accommodations do not require changes that would cause unreasonable disruption to a workplace.
- Consideration will be given to factors such as health and safety, cost, and the activities of the business.
- The employer should be able to demonstrate they have genuinely considered whether a job can be adjusted, including assigning to another employee any aspects an applicant is unable to do.
Beware of unconscious bias
- Avoid bias by asking all applicants what accommodations they might require.
- Employment research by Like Minds, Like Mine found that accommodations were mainly reflective of good employment practice, such as flexible working hours or flexible sick leave.
- Accommodations do not usually cost an organisation to implement, but if they do, funding may be available from sources such as:
Demonstrate inclusive practice
- The relationship between the employer and employee has to be open and honest.
- Employers should not be afraid of raising employment issues with the employee when necessary.
- All employees will have their issues at various times, not just people with mental health issues, and will need support.
- Create an environment where diversity is accepted by addressing the individual needs of each employee.
- Respect the confidentiality of all employees.
- Be willing to engage in joint problem solving.
- Make all accommodations voluntary for the employee.
- Be prepared to review accommodations and keep in mind that needs change.
- Be flexible in enforcing traditional policies.
- Be concrete and specific when identifying accommodations.
- Set up easy and accessible mechanisms for reviewing accommodations.