A recent report produced on behalf of the British Occupational Health Research Foundation has concluded that employers do not do enough to support workers who develop mental health problems. The study also recommended that employers need to put in place policies and procedures aimed at dealing with workplace mental health problems.

The most common problems experienced by workers are stress and depression. They are responsible for the majority of the £11.6bn lost as a result of mental health-related absence.

Traditionally, employers feel constrained when dealing with an employee claiming to have mental health problems. Often, they do not act proactively and simply wait until the absence has become long-term, at which stage termination negotiations are usually considered. They are often concerned about contacting employees who are off sick whereas, of course, there is absolutely no reason not to.

The report recommends that contact is made with workers at least once every two weeks.

Counselling was also recommended.

This is sensible advice. Early intervention invariably leads to early solutions. An employee who, on reporting sick with, for example, stress, is likely to feel neither valued nor appreciated if he is left to fester for weeks - or possibly months - on end without any contact from his employer. If, on the other hand, he is contacted immediately and referred for an initial assessment by an appropriately qualified counsellor, he will feel that at least his employer is taking his condition seriously. The early intervention of the counsellor ought to lead to an earlier recovery and hence an earlier return to work.

Finally, there is the problem of malingerers, for whom the difficult-to-disprove diagnoses of stress and depression have long been favourites.

When faced with an immediate response and an immediate referral to a qualified health professional, the strategy suddenly loses its attraction.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 04/10/2005