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  • Foreword
  • Introduction
  • How to use this resource
  • What do we mean?
  • What the law says
  • The recruitment process
  • Promoting well-being
  • Talking at an early stage
  • Issues to raise
  • Keeping in touch
  • Supporting an employee who is off sick
  • Returning to work
  • Examples of reasonable adjustments
  • Managing an ongoing illness while at work
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Issues to raise

with an employee who is distressed

Issues to raise with an employee who has a mental health condition

• ask open questions about what is happening, how they are feeling, what the impact of the stress or mental health condition is. Ask them what solutions they think there might be but appreciate that they may not be able to think clearly about solutions while experiencing distress
  
• how long has the employee felt unwell? Is this an ongoing issue or something that an immediate action could put right?
  
• discuss whether work has contributed to their distress. Listen without passing judgement and make sure you address their concerns seriously
  
• are there any problems outside work that they might like to talk about and/or it would be helpful for you to know about? (You should not put pressure on the person to reveal external problems)
  
• is the employee aware of possible sources of support such as: relationship or bereavement counselling, drugs/alcohol services/advice, legal or financial advice?
  
• ask the employee if there is anything that you can do to help and make sure that they are aware of any support that the organisation may provide such as reference to occupational health, counselling, Employee Assistance Programme (EAP), brief psychological therapies, health checks and that if they access them it will be confidential if that is the case
  
• is there any aspect of the employee’s medical care that it would be helpful for you to know about? (For example, side effects of medication that might impact on their work). While you have no right to this information, the employee should be aware that you cannot be expected to make ‘reasonable adjustments’ under the terms of the DDA if you are not informed about the problem
  
• does the employee have ideas about any adjustments to their work that may be helpful? These could be short or long term
  
• do they have any ongoing mental health condition that it would be helpful for you to know about? If so, is it useful to discuss their established coping strategies and how the organisation can support them? (See section 7 for more information). It is the employee’s choice whether to reveal this but you can explain that it will be easier for you to make reasonable adjustments for a condition you know about
  
• establish precisely what they wish colleagues to be told and who will say what. Any inappropriate breach of confidentiality or misuse of this information might constitute discrimination under the DDA, and
  
• agree what will happen next and who will take what action

You might also consider whether the employee has been affected by an issue that may affect others in the team/organisation such as the threat of redundancy. If so then you will need to undertake a stress risk audit followed by team-based problem solving. Discuss this with your health and safety department, (you might consider bringing in someone from outside the department or an external expert to help).

It is important that you record all conversations accurately – not just to protect the organisation and the employee, but also to show that the actions have been carried out fully. Once the conversation has been recorded it is best practice to provide a copy to the member of staff involved to obtain their agreement to its accuracy.

Next page: Keeping in touch during sickness absence