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Introducing mental health champions
Whilst it’s important to train and support people to administer mental health first aid – who are the people in your organisation responsible for proactively promoting and championing mental health and wellbeing?
Here are our thoughts on introducing mental health champions in your organisation.
Create clarity
Be clear about what the role involves, create an internal advert and role profile, and reassure them that they’re not supposed to be therapists or psychiatrists. Mental health champions need to be caring and compassionate individuals who can help proactively promote mental wellbeing, provide non-judgmental confidential support and sign-post employees in the right direction if further help is required.
Passionate people
As a volunteer, they’ll be taking on the role alongside their ‘day job’ so ask employees to apply and choose people who are passionate about supporting you to develop and promote mental health and wellbeing initiatives and willing to give their time. You may want to check with their manager that they’re able to give their time for the role.
Driving performance
Set out in writing what’s expected of them, how they need to prioritise their own work to avoid concerns about their performance and signpost them to support available for them personally too.
Internal profile
When launching the role and introducing your mental health champions, ensure everyone is clear on the support offered and how contact can be made. Be clear on the confidentiality of discussions and the role the mental health champions take.
Give them a voice
Create a platform for your mental health champions to provide you with feedback on workplace mental wellbeing to help shape and influence your wellbeing strategy and initiatives.
Give them tools
Whilst they don’t need to be medical experts, having the ability to identify a colleague in need of expert support and a good understanding of how to approach a situation is crucial.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
A series on settlement – what kind of agreement is best?
You’ve agreed the deal – what’s the next step?
To write it down! Choosing the right type of document is key. Here are our thoughts to help you get it right.
Settlement agreement
The employee settles any employment law claim listed in the agreement (whether contractual or statutory – save for a handful of exceptions). To be legally binding, the employee must take independent advice from a lawyer (which can lengthen negotiations) on the terms and effect of the agreement. You’ll need to contribute towards the employee’s legal fees.
Contractual termination letter
Use with caution! The letter confirms that in return for a payment, the employee waives any contractual claims against you. But, this letter doesn’t (and can’t) prevent the exiting employee from bringing a statutory claim against you so be sure to take advice before suggesting this type of agreement. This letter is great for low-risk scenarios or scenarios where you’re not offering the exiting employee much of an incentive financially (or otherwise) to exit.
COT3 agreement
A great option if ACAS early conciliation has been triggered (if it hasn’t then you don’t have the opportunity to use this agreement). These agreements are usually fairly brief (typically two pages) making them ideal for more straightforward situations. There’s no requirement for the exiting employee to take legal advice on the terms of the agreement (although ACAS’ involvement often proves a reassurance).
However, ACAS may not be willing to support this type of agreement if you’ve asked for ACAS’ support at a very late stage. Equally, ACAS may resist anything more than their ‘standard terms’ for this type of agreement.
Our Intelligent Employment platform includes our up-to-date COT3 agreement template – for more information on accessing our documents, get in touch.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Keeping your finger on the pulse – a mental health update
79% of British employees commonly experience work-related stress (up 20% since 2018). How do you keep your finger on the pulse of how it’s going and support employee well-being where it’s needed?
A finger on the mental health pulse
Engagement surveys; are simple, but effective. They don’t have to be long or complicated but regularly asking your team ‘how it’s going’ is a great way to identify if someone is struggling with their mental health and allows you to support them proactively. We’ve included an engagement survey within our mental health toolkit for employers. Click here for more info.
Don’t rely on self-reporting
Make sure mental health and well-being is a two-way conversation. Even if a survey is anonymised, employees still might not feel able to share how they’re doing. Empower your managers with the tools, skills and training to sensitively approach members of their team in real time and discuss what support is required and how they can help.
Stay connected
Remote and hybrid working can create barriers to effective communication and often help mask potential issues. Encourage teams to stay off internal emails, avoid the phone and make the most of face-to-face meetings and video calls where possible.
One size won’t fit all
Actively listening to concerns and avoiding assumptions (or your personal experience with similar issues) will help you and your managers to implement more appropriate support on a case-by-case basis. What works for one might not work for another. Remind employees about any Employee Assistance Programme you have or signpost them to charities/organisations that can provide support with what might be concerning them.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
A series on settlement – can you really ask exiting employees to keep quiet?
A clause in a settlement agreement asking the employee not to disclose the fact, existence or terms of the agreement is a common feature. But do those clauses really work?
Drafted well, the confidentiality clause is lawful and reasonable. But to achieve a workable agreement the wording needs to take into account the following:
Protected disclosures
Make clear that nothing in the confidentiality clause prevents the exiting employee from ‘blowing the whistle’. If it looks like you’re attempting to stop them from blowing the whistle the clause and possibly the entire agreement will be unenforceable.
Likewise, don’t expect to be able to prevent the exiting employee from working with authorities, including the police, about the matters covered by the agreement (even about any already known claims, grievances or issues).
Carve out exceptions
Make it clear that the exiting employee isn’t prevented from discussing or raising specific issues with you. Although there’s no legal requirement to do this, including wording along these lines helps with the enforceability of the wording.
Protecting well-being
Call out that exiting employees can speak about the terms of their agreements with professionals including medical, therapeutic, counselling, legal or financial support services.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Legal lightbulb – people law, policy and practice
As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.
Updated Code of Practice on ‘fire and rehire’
The government has published an updated Code of Practice (the Code) on dismissal and re-engagement (also known as ‘fire and rehire’). The position largely remains unchanged in that the practice should remain a last resort, but there have been a few tweaks:
- Employers should contact ACAS before raising the prospect of fire and rehire with employees;
- The Code doesn’t apply to redundancy situations, but will apply if redundancy and fire and rehire are both being considered (basically the Code applies for as long as fire and rehire is an option);
- Employers are required to consult with employees ‘for as long as reasonably possible’ (there’s no minimum time period set);
- Employers shouldn’t threaten dismissal if it’s not actually a possibility.
If an employer fails to follow the Code, a tribunal has the power to uplift any compensation awarded by up to 25%.
New bereavement bill proposes day-one right to shared parental leave
The Shared Parental Leave and Pay (Bereavement) Bill (the Bill) aims to introduce a day one right to shared parental leave (SPL) and pay for fathers or working partners upon the death of the mother of their child. In these circumstances, the Bill removes the requirement for 26 weeks’ service to qualify for SPL and for employees to have notified their employer three months in advance in order to take the leave. The Bill is still working its way through parliament and we’ll keep you updated with progress.
New menopause workplace guidance published
The Equality and Human Rights Commission has published guidance for employers on menopause in the workplace. The guidance covers employers’ legal obligations in relation to menopause and the potential for it to be protected by the Equality Act 2010 (on the basis of age and sex), as well as adjustments that can be made to avoid possible discrimination risks. It also provides guidance on encouraging a more open culture on the topic so that employees feel more comfortable to talk, share and access any support they might need. We’ve got a menopause policy on Intelligent Employment to help get you started!
People diary dates – May 2024
05 – International Family Equality Day
13-19 – Mental Health Awareness Week
16 – Global Accessibility Awareness Day
17 – International Day Against Homophobia, Transphobia, Biphobia