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Well? Issue 4: Spring/Summer 2004
Reader Feedback
The amount of very encouraging feedback we receive from
Well? readers, together with this letter below in response to our last issue which focused on mental health in the workplace, prompted us to introduce a Reader Feedback page. So, do please continue to send us your views and opinions on issues we cover in the magazine, and those you would like to see, and we will endeavour to take them on board. (Contact details are on the back cover)
Dear Sir/Madam,
Firstly, I would like to congratulate you and the
Well? team on an excellent publication. Your last issue focused on Employment and Working Life. However, in my opinion it did not do enough to highlight the extreme difficulties that employees face when they become ill within the workplace.
In my experience there is no single piece of legislation that affords protection to individuals who are mentally ill while at work, whatever the reason. Employment Law has no point of law concerning behaviour induced through mental ill health and it is exceptionally difficult, in being extremely subjective, to qualify as "disabled" through mental ill health.
It has also been my experience that Employment Tribunal chairpersons are not trained in mental ill health and how it affects behaviour, therefore appellants are subject to the same level of bias and ignorance as in the public domain.
For those who say, "if you're ill you should be at home", what about mania or even hypomania, when the sufferer is generally unaware that their behaviour has become irrational and unacceptable, as happened to me?
Any significant change in behaviour of an employee should be fairly and thoroughly investigated despite the difficulties an employer may face in doing so. Simply dismissing the individual for a breach of the "implied terms of mutual trust and confidence" due to their behaviour must not be allowed. Currently Employment Law does not recognise "diminished responsibility" as in Civil and Criminal Law. Even though my Tribunal stated that I was an irrational mentally ill employee, they assessed my contribution at 100% and, even though my employer followed no procedure to dismiss me, the Tribunal stated that even if they had followed a fair procedure my behaviour would have been the same due to my illness - so they awarded against me! Needless to say, I spent three weeks in a psychiatric ward on hearing the news.
I am now setting up a group of individuals who have experienced similar problems in an attempt to petition for changes in employment legislation. Should your magazine consider introducing a readers' letters section, I would greatly appreciate your views. (name and address supplied)
THE
WELL? EXPERT ON EMPLOYEE LEGISLATION REPLIES:
Dear Reader
The National Programme is aware of the many difficulties faced by individuals experiencing mental health problems at work. We recognise that the Disability Discrimination Act is not clear in relation to mental health, and that eligibility for protection can be difficult to establish where mental health problems are concerned.
We suspect your experience with the legislative system is not unique, unfortunately, and having been unable to find a lot of evidence about individual experiences with the DDA and mental health in Scotland, we welcome your idea of setting up a group for people who have not succeeded with the DDA Tribunal system, or who have withdrawn due to the difficulty of bringing a claim forward.
Your point about "diminished responsibility" had not occurred to us, and we will investigate this further. We will also follow up your comment about the lack of mental health training for Tribunal members.
Improving support within the workplace for people experiencing mental health problems is one of the National Programme's priorities. We know that there needs to be more support and information available for employees and employers, and that much of this work needs to be aimed at changing attitudes and removing discrimination and stigma.
The message can cut two ways - other Tribunal decisions have found in favour of the individual with a mental health problem, and in the face of this uncertainty as to how a Tribunal will deal with a mental health case, employers should assume that employees will be protected, and conform to good practice.
The National Programme is addressing the issues you raise in a number of ways, many of which are outlined in
Well?, but these are long-term measures which will take time to work.
In the meantime, we hope to hear from you if a group does emerge.
When you feel down, it can be difficult to talk about. Breathing Space is a free confidential phoneline you can call from 6pm to 2am.
Everybody gets depressed
It helps to get some breathing space
0800 83 85 87
www.breathingspacescotland.co.uk
If you have any comments or suggestions for
Well?, or would like to be included on the mailing list for future issues, please contact the
Well? team.
The National Programme for Improving Mental Health and Well-Being
Scottish Executive
3ES St Andrew's House
Regent Road
Edinburgh
EH1 3DG
Tel: 0131 244 2551
Fax: 0131 244 5076
Email:
well@scotland.gsi.gov.uk
www.wellontheweb.net
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