Employment Tribunal risk

Is there something we can learn from @LiamPayne’s tragic death?…. In my view – Hell Yes!

Jane JamesLeave a comment

Speculation is rife in the media – which must cause amplified pain to those closest to Liam.

Did he fall or jump?

No one will ever be 100% certain. 

What is 100% certain is ADHD carries a higher risk of suicide. 

Why?

The pressures of living and working in a neurotypical world when your brain is neurodivergent are intense. Add in the Impulsivity element of executive functioning many have coupled with alcohol/drugs, the decks are stacked against anyone thinking things through when intense pressure hits.

Workplaces have long been aware of the need to train their staff in mental health and wellbeing, how to build their own resilience and awareness to recognise and deliver first responder steps to colleagues. Indeed, global proactive courses are well established and known. We even have an international standard – ISO45003 for workplace psychological safety!

Is that enough?

I don’t believe it is.

Why?  

Humans have one of two brain types, which means every workplace does too – neurotypical or neurodivergent. 

Symptoms of neurodivergence can be interpreted as ‘bad behaviour’ or ‘attitude’ potentially leading to all sorts of issues including loss of talent, team impact, ET challenge, risk to brand reputation and compensation. With waiting times for assessments runing into multiple years, coupled with a lifetime of masking, individuals may not realise they are neurodivergent.

So, what else can organisations do?  

Raise awareness of the difference by rolling out training for all.

  • Raising Awareness of ADHD for Managers – what you might see, what you might do, legal position in the UK
  • How to be an Ally – how to support your neurodivergent colleague
  • 1:1 Coaching for your neurotypical team members enabling them to identify how their ADHD shows up and how they can tame it. 

As an ADHD Coach, I’ve been running these sessions in various workplaces and seen the positive difference made.  Indeed, many managers realised their own neurodivergence in the training. Others could see traits in their teams and families. All gained clarity on what they could do.

What do you do in your workplace?

Doing the right thing or risking a lawsuit? Food for thought?

Jane James1 Comment

As a Mental Health Instructor for over 10 years, I am enthused to see the growth towards seeing and respecting mental health in in the same way we see and respect physical health.  Everyone is comfortable enquiring if a cold is better – not quite so comfortable asking how someone is feeling on their return to work after say depression.

 

The internet is full of well intentioned plans and events to raise the bar in talking about mental health and I see more employers supporting events like #MHAW2019 – Mental Health Awareness Week which starts 13 May.  Really great intentions.

 

But is there a risk of being sued under the Equalities Act 2010 and taken to Employment Tribunal?

 

Some of the employers I know allow all staff, regardless of screening to see if they are equipped to listen to someone else’s pain, to be a ‘listening ear’.

 

You don’t know what you are going to hear when you sit down to listen to someone struggling.  It can be an emotive area the listener has strong views on – such as self-harm.  Even if they can listen without judging – are they knowledgeable on how to signpost someone on? do they know how to take care of themselves after listening to someone’s pain?

 

I feel very strongly that we should be talking more openly in every day conversations about all human issues especially mental health.  But I feel just as strongly that we need to train those listeners how to listen, signpost and look after themselves.

 

Why not have a #MHAAT (Mental Health Aware And Trained) badge for trained employees to wear all year – not just one week.  Wouldn’t we make more of an impact and reduce the risk of a challenge under the Equalities Act at Employment Tribunal?

 

What do you think?