How can an employer support staff mental health and wellbeing during and after lockdown?

The UK was put into lockdown with the aim of controlling the spread of COVID-19 (coronavirus) on 23 March 2020, but the instruction that anyone who could work at home must work at home came a week earlier on 16 March. This means that many workers who can do so, have now been working from home for almost two months. Due to the closure of schools on 20 March, many of those workers will also be trying to perform the stressful balancing act of simultaneously working and looking after young children. Meanwhile, key workers  (e.g. medical and social care professionals, teachers, civil servants, transport and utilities workers, and workers involved in the manufacture and distribution of essential goods), and others whose roles cannot be performed remotely, have continued to attend work. Many key workers, especially our frontline medics and care workers, are working in very challenging circumstances, under immense emotional pressure, from which there is very little respite. Some employees may have also seen their families personally touched by the virus, or suffered the loss of a loved one.

This challenging landscape means that the mental health and wellbeing of staff has never been a more important consideration for employers. In this article, we consider why there is an increased risk of mental health problems caused by coronavirus impacts and lockdown, the legal duties of employers, and some practical steps they can take to support the mental health and wellbeing of their staff during and after lockdown.

Why might lockdown increase the risk of mental health problems?

In a recent research paper published in the Lancet Psychiatry journal, an international group of psychiatrists argued that the coronavirus pandemic is having a profound effect on peoples’ mental health. They note that many of the direct consequences of the pandemic (e.g. bereavement, unemployment and homelessness), and the indirect consequences caused by lockdown and social distancing measures (e.g. increased social isolation and loneliness), are key risk factors for mental health issues. They go on to predict a likely increase in the number of people suffering with anxiety, depression, and engaging in harmful behaviours (such as alcohol and substance misuse, gambling, domestic and child abuse, self-harm and suicide). By way of comparison, the 2003 SARS epidemic was associated with a 30% increase in suicide in the over 65’s, and 29% of healthcare workers experienced probable emotional distress. Patients who survive severe and life threatening cases of coronavirus are at an increased risk of post-traumatic stress disorder and depression.

What legal duties do employers have to protect the mental health and wellbeing of employees?

Employers have a general statutory duty to ensure the health and safety of their workers (including their physical and mental health) while at work as far as is reasonably practicable. The employer’s duty is to take steps to eliminate identified risks if it is reasonably practicable to do so. What is reasonably practicable will depend on the circumstances and the degree of risk in a particular job or workplace balanced against the time, trouble, cost and physical difficulty of taking measures to avoid or reduce that risk. The duty extends to risks arising from the workplace, how the employer conducts the undertaking, supervision, training, instruction or lack thereof, the plant, equipment, materials and/or substances used, and the condition of the premises and provision of welfare facilities.

In addition, employers have a common law duty to take reasonable care of their employees’ safety and failure to do so can lead to liability for personal injury claims. What is considered reasonable will depend on the circumstances and what steps the employer took or should have taken to prevent the harm from arising, but it will usually include providing a safe place of work, safe tools/equipment and a safe system of working. The size and the scope of the employer’s operation, its resources and the demands it faces are relevant in deciding what is reasonable. In deciding whether an employer has been negligent in causing an employee psychiatric injury, the employer’s actions and omissions will be compared with those of a hypothetical reasonable employer and consideration given to whether the psychiatric injury, loss or damage was reasonably foreseeable. An employer must take reasonable steps to protect the employee from an occurrence or recurrence of the psychiatric illness taking into account the magnitude of the risk, the cost of preventing it and the effectiveness, if taken, of such steps.

Finally, where a worker suffers a physical or mental impairment that has a substantial and long-term negative effect on their ability to do normal daily activities, they will be classed as a disabled person for the purposes of equality law. This in turn means that the employer must not unlawfully discriminate against them, and will have a positive duty to make reasonable adjustments  to remove any substantial disadvantages they face in the workplace.

What can employers do to protect the mental health and wellbeing of staff during and after lockdown?

The starting point is to consider, when making any operational decisions, the possible impact those decisions may directly or indirectly have on the mental health and wellbeing of staff. The Health and Safety Executive encourages employers to adopt a three-step approach:

1. Identify what could cause injury or illness in the workplace (i.e. the possible hazards)
2. Decide how likely it is that someone could be harmed and how seriously (i.e. consider the risk)
3. Take action to eliminate the hazard, or if this is not possible, control the risk

Workplace stress is a major risk factor that all employers should take into consideration. There are six main areas of work design that can affect the stress levels of staff:

• Demands: a worker may be unable to cope with the demands of their job
• Control: a worker may be unable to control the way they do their work
• Support: a worker may not receive enough information and support from their manager
• Relationships: a worker may have difficult relationships at work, and/or be bullied by colleagues
• Role: a worker may not fully understand their role and responsibilities
• Change: a worker may not feel engaged when a business is undergoing change

Managers should be trained  to spot the first signs of mental health issues, and how to reduce and manage the stress levels of the workers in their team. As a rule of thumb, employees tend to feel more in control of their work environment and less stressed when they are consulted with, and feel genuinely involved in the decision making process. For example, if an employer is giving consideration to how to safely operate post lockdown whilst applying social distancing measures, then consulting with staff may help to identify (perceived) risks and/or possible solutions.

Employers should also consider whether any mental health support mechanisms provided for staff are adequate and how these can be improved upon. This could include, for example, the introduction of:

• Wellness action plans
• Mental health first aiders
• Access to support from a confidential counselling helpline

In the current lockdown, it is even more important to consider utilising new technology that will make it easier to provide mental wellbeing support remotely. For example, we have heard positive reviews from employers about the ‘unmind’ web platform and smartphone app.

What practical steps can managers take to support the mental health of staff?

Practical steps managers can take to support the mental health of staff include:

• Keep connected: this can be done by phone or via video calling and is even more important if staff are working remotely
• Encourage staff to remember to switch off too: remind employees they are not expected to be at work 24/7 and to take some time for exercise, rest and relaxation
• Remind staff they are still part of a team: maintaining contact via video calling can help prevent feelings of isolation and loneliness and help maintain team morale
• Be supportive: encourage staff to be honest about the issues they might be facing and help them to work out practical solutions to combat them
• Be honest: with staff about the impacts coronavirus is having on the organisation, what you intend to do to minimise those impacts and how they might be affected by any plans
• Communicate clearly: make sure any communications for staff are clear and easy to understand, and make sure all managers are briefed in advance to answer any questions staff ask
• Remind staff of the available support: for example, who any mental health first aiders are, how to get help from HR, and how to access any confidential counselling helpline
• Look out for the first signs of stress: such as erratic behaviour, or a sudden drop in performance

Do you have any tips for employees to help them protect their mental health and wellbeing?

The internet is full of free resources that can be used by employees to help protect their mental health and wellbeing during lockdown. Some of the main recommendations include:

• Keep connected: although it may not be possible to have physical contact with those outside the immediate household, staying in touch with loved ones via telephone, video calling or social media can help combat loneliness and isolation
• Maintain a routine: having a routine can be really beneficial for mental wellbeing
• Eat well and exercise: physical health has a major impact on mental health, so eating well and getting some daily exercise can really help improve mental wellbeing
• Sleep is important: changes to daily routine can quickly lead to poor sleeping habits, but sleep is really important in maintaining good mental health
• Do something you enjoy or learn a new skill: focusing your attention on something else, which makes you feel positive, can help to minimise the amount of time spent worrying
• Relax: relaxation techniques can really help with feelings of anxiety
• Minimise time watching news and on social media: too much of these can lead to an increase in fear and it is possible to quickly lose perspective and increase anxiety levels
• Speak out: it is normal to be worried, scared and/or anxious, but a problem shared is a problem halved, so talk about any worries with a trusted friend or supporter

Will we still need to worry about the mental health of staff after lockdown is lifted?

In short, yes. Taking steps to maintain the mental health of staff will be equally as important after lockdown as it is during lockdown. In particular, employers may encounter workers who:

• Are suffering from ‘coronaphobia’ and are terrified to return to work
• Have suffered post-traumatic stress due to their own brush with coronavirus
• Have become accustomed to their new routine, and do not want things to return to how they were
• Have suffered coronavirus-related bereavements
• Have had personal issues during lockdown, such as domestic violence, relationship breakdown, and/or financial pressures
• Have suffered a serious and long term impact on their mental health

All of these individuals will require ongoing help and support from their managers and employer, if they are to overcome the mental health issues they have developed because of the coronavirus pandemic.

For further updates and other articles discussing the impact of the coronavirus please view our coronavirus hub.