More than two fifths of employers have seen increase in workers reporting conditions such as depression or anxiety, according to CIPD research

The number of employees speaking up about mental health problems is on the rise. More than two fifths of employers say they have seen an increase in cases reported by staff of conditions such as depression and anxiety, according to research from the Chartered Institute of Personnel and Development (CIPD).

For employers, this knowledge brings with it responsibilities that are set out in the Equality Act 2010. These begin at the recruitment process, which must be sure not to discriminate against those with disabilities, whether physical or mental.

The way the law is framed is to encourage disabled people to make applications for jobs Ian White, head of employment, JMW

Following the letter of the law is just the first step when it comes to employers’ responsibilities to their employees. When mental health problems are handled sensitively, the results go beyond avoiding a discrimination suit and have a positive impact on absence costs, morale, staff turnover and loyalty.

“The law is not over-prescriptive in terms of hiring and firing people,” says lawyer Ian White, head of employment at solicitors JMW. “You can hire anybody you want, you don’t have to discriminate positively in favour of disabled people, you just can’t discriminate against them. As long as you treat every CV the same. The way the law is framed is to encourage disabled people to make applications for jobs rather than to discourage them.”

Although there are cases where employers can ask a narrow range of questions about particular disabilities in order to be sure that a candidate will be able to fulfil a given role, for example, or in the interest of vetting for national security purposes, in general there is no obligation on the part of an applicant to disclose a mental health condition.

In Jennie Simpson’s case, admitting a history of depression and self-harm resulted in her missing out on a nursing job – similar to one she’d held previously – when she moved to Gloucestershire 10 years ago. After a pre-interview meeting with the occupational health department and letters to her GP, it was decided by the employer that the job would be too stressful for her.



“I kept saying, yes these are my issues but they don’t impact on the work that I do, it’s very much a private thing and actually work is quite helpful to give me a routine and I enjoy what I do,” she says. “I work with vulnerable people and I feel my experiences give me a great deal of empathy, but being open about those experiences makes me vulnerable to prejudice and assumptions and suspicion.”

It doesn’t help with the stigma if everyone hides it through fear Jennie Simpson

Some time later, Simpson applied for a similar role with the same employer. This time she was given a personal recommendation from someone working in the department she was applying to, and they decided to take a chance on her. She got the job, and went on to occupy the role successfully for two years before going on maternity leave. “It just feels like you need to not say anything and prove yourself first,” she says. “But I like to be honest and upfront. It doesn’t help with the stigma if everyone hides it through fear.”

It may be worth mentioning mental health problems once a job offer has been made, even if there’s no requirement to do so during the application process, says White. “If an employee volunteers that information then the employer is on notice of it,” he says. Once a mental health problem is disclosed, the employer is bound by law to not only ensure that there is no discrimination, harassment or victimisation, but that they have made “reasonable adjustments” to create a level playing field for all employees.

On the other hand the employee is not obliged to mention a problem. “Let’s say the employee says nothing, copes very well with their job, looks as though they’re making the progress that has been hoped, gets a few promotions, and then has a complete breakdown out of the blue,” says White. “The law there says that the primary responsibility of the welfare of the employee is on the employee themselves – you’re expected to take care of yourself and if you’re having problems, you should shout.”



Exactly what a reasonable adjustment entails, however, isn’t always easy to define. While it’s relatively straightforward for a manager to assist a visually impaired employee by providing a braille keyboard, for example, it’s harder to know exactly what someone with anxiety or depression might need in order to continue to fulfil their role.



Dr Jill Miller, a research adviser for the CIPD, says it is important to consider each individual’s needs. “If travelling on public transport is difficult for someone who is anxious, then changing their work hours from 9-5 to 10-6 could make it easier for them to come in to work because they can avoid that busy rush hour,” she says. “Or it could be that somebody has been asked to take customer complaints calls and that’s exacerbating an existing problem, so you might ask, ‘Do they really need to do that role?’ Putting them on different roles means you don’t lose the talent.”

Miller believes it is vital for employers to consider their roles and responsibilities towards staff with mental health problems, not only because it is the right thing to do but also for the business benefits, primarily the reduction of sick leave and the retention of trained and experienced staff.

This proved to be the case for Cathy Dean, who suffered with depression and anxiety while working at GCHQ. “There was never any question that a mental health problem was anything other than just as serious as a physical health problem,” she says. “It was perfectly acceptable and there was never any question from anyone that it was real, it was something I needed help with and it was something they were set up to tackle. It was treated seriously and with respect.”

Dean says her treatment was in contrast to how her husband’s employer reacted when he was signed off with mental health problems. As a result of her good experience, she remained with GCHQ for a total of 25 years, during which she suffered on and off with mental health problems but always had her employer’s support.

In her case, it wasn’t so much the organisation’s policies that made the difference, but the overall culture of understanding and acceptance. And that’s something that needs to come from the top, according to Miller. “The thing that has maximum effect is increasing awareness across the organisation,” she says. “At CIPD, we asked someone from Mind to come and have a chat with us and that was really popular with staff.



“It’s about training line managers to be able to talk about these things, because it’s likely that they’re the people who staff will be coming to saying, ‘I’m anxious, I’m struggling, I can’t sleep at night.’ We can’t expect a line manager to just know how to have these conversations about potentially very difficult issues, we need to provide training and support for them.”