Companies at risk of being caught out by not taking employee mental health seriously

An increasing number of companies are seeking legal advice on how to manage employees who have been signed off work due to stress.

Collas Crill senior associate, Emma Parr, said that mental health is a current "buzz" word and that as a result companies were reluctant to make contact with employees for fear of making the situation worse.

"There has been considerable media coverage, locally and nationally, about mental health which clearly has its benefits as it puts the spotlight on a disability that should be discussed. However, what it has also done is caused companies to question how they handle a situation as they are unsure of the difference between common law and statutory duty," said Emma.

Guernsey’s disability legislation is due to come into effect early next year and includes mental health conditions within its definition of a disability. Once the legislation is in place, it will be unlawful to treat a disabled person less favourably, implement a policy or practice that disadvantages a disabled person, display offensive, upsetting or humiliating behaviour towards a disabled person or treat any person less favourably because they have supported or raised a complaint.

"Employers are very keen to ensure that they employ best practice and at a recent Collas Crill seminar, which was attended by 50 managers and CEOs from some of Guernsey’s leading companies, there was a real appetite to understand what the obligations were and what was the best approach to support employees who may be experiencing mental health issues," said Emma.