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Risks to mental health in the workplace – what are they and how to manage them

It is World Mental Health Day on 10 October: an opportunity to raise awareness and campaign for change. This year we want to highlight the responsibilities of employers to create mentally healthy workplaces.

The traditional view of health and safety in the workplace is evolving to include the risks to mental health in workplaces and a recognition that these need to actively managed. In the legal profession the focus of managing mental health at work has generally been on supporting individuals to cope with the pressures of a career in the law by building their resilience, providing education and access to external support. Although this can be beneficial, workplaces need to go wider and look at their organisational culture and working practices and consider their responsibilities to ensure that they create an environment which supports psychological safety and mental health.

What are psychosocial risks?

Risks to mental health at work, also known as psychosocial risks, are a broad range of factors relating to the workplace and working that can cause psychological harm and can come from:

• Work management or design

• The work environment

• Workplace relationships and social interactions

The World Health Organization has identified common risks to mental health at work (Guidelines on mental health at work) and those that are relevant to the legal sector include:

• Excessive workloads

• Long, unsocial, or inflexible hours

• Lack of control over workload or job design

• Organisational culture that enables negative behaviours

• Poor workplace relationships

• Limited support from colleagues, poor management, or authoritarian supervision

• Harassment, sexual harassment or bullying

• Discrimination and exclusion

• Unclear job role and expectations

• Low reward and recognition, poor investment in career development

• Conflicting home/work demands

• Isolated or remote working

• Exposure to traumatic events

How does exposure to psychosocial risk cause harm?

Some of these risk factors, such as exposure to traumatic events, have the potential to directly cause harm. Legal professionals working in family, criminal, immigration, or crime may develop vicarious trauma because of exposure to the trauma experienced by their clients.

However, for most people, it is a combination of exposure to psychosocial risks at work which can undermine their mental health and lead to anxiety, stress, burnout, or depression.

The legal workplace is characterised by inherent psychosocial risks - working long hours, poor work life balance, meeting the expectations of demanding clients, heavy caseloads, the pressure of deadlines and billing targets, whilst maintaining high standards of ethical and professional conduct.

This is evidenced by our Life in the Law Study published in 2021, which showed that legal professionals were at high risk of burnout associated with a high workload, working long hours and a psychologically unsafe working environment, and 20% reported being bullied, harassed, or discriminated against.

How can legal workplaces manage psychosocial risk?

The tendency in legal workplaces is to respond to people with work related mental health conditions, once the problem has arisen; the goal should be to prevent work related mental health conditions developing in the first place. Actively managing psychosocial risks is the key to prevention. Employers should assess and identify the workplace risks to mental health, identify who may be exposed to these and which groups may be at particular risk, then take steps to mitigate, modify or remove these risks and monitor the impact these steps have had. Managing psychosocial risks should be embedded in the organisational risk management system.

Practical steps to mitigate risks

Start with a strategic review of your organisational culture. Consult with colleagues about their perspectives on this, find out if they feel they work in an environment that fosters trust, respect, and psychological safety where they can speak up about their mental health and work-related concerns. If they don’t, consider and take the steps needed to address this, in particular the role of leaders in demonstrating their commitment to a positive workplace culture and capacity for change.

• Invest in management training so that those with responsibility for others have the skills and capacity to do this effectively

• Ensure staff have the support they need – regular 1:1 catch ups with their manager or supervisor and participation in relevant mentoring and peer support schemes

• Monitor and manage workloads and ensure staff and teams are adequately resourced

• Check in regularly with staff working remotely

• Adopt a zero-tolerance policy to bullying, harassment and discrimination

• Address poor workplace relationships or conflict

• Support staff to work healthy hours, take breaks and their holiday entitlement

• Ensure transparent processes for work allocation, reward, and career progression

• For those exposed to traumatic events or materials, provide education, support and training

• Provide flexible working arrangements e.g., working from home or flexible hours to allow more time for responsibilities outside work and for activities that support mental wellbeing

Adopting a proactive approach to managing psychosocial risks supports an engaged, productive, and inclusive workplace which enables people to thrive.

Elizabeth Rimmer

Elizabeth Rimmer

CEO of LawCare

Expert advises on what your rights to menopause leave are, and what to do if you’ve been discriminated against

An expert has released comments advising women of the key signs of menopause and how the workplace should protect their employees should their symptoms impact their ability to work.

A government inquiry into menopause in the workplace found that 3 in 5 women between the ages of 45 and 55 have been negatively impacted by symptoms of menopause at work (Source: Women and Equalities Committee).

Despite this, studies indicate that attitudes towards menopause in the workplace are complicated, with The British Menopause Society revealing that 47% of women who take sick leave feel too embarrassed to cite menopause as the reason for doing so (Source: NHS Inform).

To encourage women to act should they feel that their rights in the workplace are being undermined as a result of menopause, Sandra Robbitt, Head of People at Fletchers Group, has outlined the key signs and symptoms and highlighted what responsibilities your employer has to protect you should the menopause impact your ability to work.

What is the menopause?

“Menopause is a natural biological process that occurs at the end of a person’s reproductive years, in which the menstrual cycle comes to an end. It primarily occurs in women, but symptoms can also be experienced by transgender men as well as non-binary and intersex people.”

“Menopause occurs when the ovaries produce less of the oestrogen hormone, preventing them from releasing an egg each month. Perimenopause refers to the transitional period that occurs in the lead-up to menopause, in which your oestrogen levels begin to change and your menstrual cycle starts to shorten. A person has officially reached menopause after 12 consecutive months without having a period.”

“Whilst the age that someone starts experiencing menopause can vary, it typically occurs between the ages of 44 and 55. It can also start earlier in life, either naturally or due to surgery, cancer treatments, or genetics."

What are the symptoms of menopause?

“There are a number of physical and mental symptoms that a person can experience related to menopause. The most obvious will be a change to your menstrual cycle, with irregular and shorter periods being the first sign that you may be perimenopausal and the end of your menstrual cycle indicating that you have entered menopause.”

“The NHS also cites the following as symptoms of menopause:

• Changes to your mood (e.g. anxiety, mood swings and lack of self-esteem)

• Problems with memory or concentration (brain fog)

• Hot flushes and dizziness

• Night sweats

• Fatigue and insomnia

• Headaches and migraines

• Stiff or painful joints and muscles

• Fluctuating body shape and weight gain

• Dry and itchy skin

• Vaginal dryness, itching and pain

• Reduced sex drive

• Recurring UTIs”

How might menopause affect a person’s ability to work?

“Whilst the severity of symptoms can vary from person to person, many of these can directly impact a person’s ability to work effectively.”

“Physical symptoms such as itchy skin, headaches and muscle pain, as well as mental symptoms like lack of concentration, loss of memory and anxiety can all cause significant discomfort and disruption, making everyday tasks at work much more challenging and taxing to complete.”

“Support to help manage any of these symptoms can be found by contacting your GP, who can advise you on the best treatments or lifestyle changes you can implement should the menopause severely impact your day-to-day life.”

What rights do I have if the menopause affects my ability to work?

“Menopause isn’t currently a protected characteristic by law, despite ongoing campaigns to introduce measures protecting women should they require leave from work due to the symptoms that the menopause can bring on.”

“However, if you feel as though any symptoms brought on by the menopause are affecting your ability to work, the Equality Act 2010 will protect you should you experience discrimination from your employer as a result. Despite not being a protected characteristic in its own right, menopause can be considered as related to other protected characteristics, such as discrimination in the workplace due to age, disability, sex, or gender reassignment.”

“Employees can also file a claim against their employer under the Health and Safety at Work Act 1974. This act requires that an employer puts measures in place to protect the health, safety and well-being of their workers within the workplace, meaning that they are expected to act accordingly should the menopause put the welfare of any employee at risk.” ■

https://www.nhs.uk/conditions/menopause/ https://www.ageuk.org.uk/information-advice/health-wellbeing/mind-body/menopause-symptoms-and-support/ https://www.nhsinform.scot/healthy-living/womens-health/later-years-around-50-years-and-over/menopause-and-post-menopause-health/menopause 20can%20affect%20a%20woman's,the%20best%20of%20your%20ability.

https://committees.parliament.uk/publications/23281/documents/169819/default/ https://www.acas.org.uk/menopause-at-work/menopause-and-the-law

South East achieves highest employment rate among 55 - 64 year olds

The South East of England has the highest employment rate among older workers, according to PwC's Golden Age Index, which showcases the labour market impact of workers aged over 55 in OECD countries. The Index takes into account various factors, including employment, earnings, and training, providing valuable insights into how economies harness the potential of their older workforce.

In this year's overall Index, New Zealand has emerged as the leader, closely followed by Iceland, both demonstrating the highest employment rates for older workers amongst OECD nations. Japan jumped up from sixth place in 2018 to third place in this year’s Index.

The high rate of older workers continuing in work in the South East of England is primarily attributed to the availability of less physically demanding job opportunities in the area.

The South East boasts the highest employment rate of workers aged 55-64 in the UK, with the North East showing the lowest rate. In 2022, the employment rate among 55-64 year olds varied from approximately 57% in the North East to 68% in the South East. This regional disparity in employment rates has a significant impact on the overall number of workers - if the North East were to match the South East's employment rate for the 55-64 age group, it could potentially create an additional 40,000 jobs. The analysis reveals that if all regions of the UK were to embrace older workers in the labour force in a similar way to the South East, it could result in an impressive 320,000 additional jobs, equating to approximately onethird of the current UK vacancies.

The Index highlights that more than half of older workers in the South East possess higher education degrees, a higher proportion than the approximately 43% recorded in the North East. Additionally, older workers in the South East are more likely to be employed in sectors such as financial services, real estate, and professional services. In contrast, the education, health, and manufacturing sectors employ larger shares of older workers in the North East.

Julian Gray, PwC’s South East Regional Market Leader & Southampton Senior Partner, says:

"These findings underscore the pressing need for the UK to adeptly harness the untapped potential of its mature workforce; I’m pleased to see that within the South East older workers are more likely to stay in work, but there’s always more we can do.”

“Promoting greater participation of older workers in the labour force can help us mitigate inflationary pressures and foster a multitude of job opportunities. Policymakers and business leaders must work together to implement measures to bridge regional disparities and extend support to older workers through tailored training and development initiatives, thereby bolstering the region's competitive advantage."

The UK-wide picture:

The UK's latest ranking on the Golden Age Index stands at 21st place, signifying a comparatively lower performance in relation to the OECD average. The Index shows people in the UK aged over55 are more likely to have left work and not returned than those in other G7 countries.

A significant proportion of the UK’s older workers remained inactive after the pandemic. Inactivity levels among 55-64-year-olds in the UK have persistently remained above pre-pandemic levels since 2020.

Looking ahead, the UK's future standing on the Golden Age Index is expected to deteriorate relative to the OECD average, primarily driven by the fact that while the employment rate of 55-64-year-olds improved across most OECD economies between 2021 and 2022, the UK witnessed a slight decline in its employment rate during the same period.

Barret Kupelian, chief economist at PwC, says:

“Post-pandemic, the UK economy has struggled to grow the supply side of its economy. In terms of the labour market, there are one million vacancies, and the unemployment rate is relatively low. Some of the shortage in the labour force can be explained by the economic inactivity rate, which is higher than during the pandemic, and driven predominantly by almost 244,000 older workers, equivalent to the size of Portsmouth, who withdrew from the labour force during the pandemic and have not returned. While this has undoubtedly been a choice for many - driven by relative prosperity of this age group taking early retirement - it is also clear that ill health is part of the story which explains this trend.

“Understanding the cause of these labour force trends is crucial for the UK, as convincing older workers to return to work could help businesses deal with labour shortages fast with experienced staff, ultimately helping to alleviate domestic inflationary pressures. It’s vital, therefore, that businesses and policymakers focus on designing policies to support those who want to continue to work, as well as help to incentivise older workers to return to work if they want to.” ■