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STAFF WELLBEING AND MENTAL HEALTH

Your Legal Obligations

Louise Brenlund urges schools to be aware of their legal obligations to support the mental health of their staff and considers how this can be achieved.

The mental health and wellbeing of principals, heads and staff in education settings such as independent schools has always been important. With mental health issues accelerated by the COVID pandemic, the effects of Long COVID and the impact of the cost of living crisis, this has increased pressure on staff, pupils, parents and schools, bringing into question how schools can continue to support staff whilst still offering high-quality education.

15-21 May 2023 saw Mental Health Awareness Week being celebrated with the theme of ‘anxiety’. Anxiety disorders affect over eight million people in the UK, that is around one in ten of us. There are many different forms of anxiety, such as phobias, separation anxiety, generalised anxiety disorder, post-traumatic stress disorder and obsessive-compulsive disorder. Unfortunately, all too often, anxiety can be dismissed as ‘just worrying’ or ‘just being stressed’. Schools are seeing increasing levels of staff suffering from anxiety, with workload being cited as a key factor contributing towards this.

A priority

For many independent schools, staff wellbeing and good mental health is already a priority. Schools recognise that poor mental health can have a significant impact on staff, not only in their personal life but also in their ability to perform and carry out their roles. This will, in turn, affect teaching and the education that your pupils are receiving.

With continuing upwards trends around teachers suffering from mental health issues, many teachers are considering leaving the profession, so it is now more important than ever for employers in independent schools to take action.

The latest Education Support Annual Report and Teacher Wellbeing Index has confirmed that: has a substantial and longterm adverse effect on their ability to carry out normal day-today activities.

• 75% of all staff are stressed, rising to 84% for school leaders.

• 36% have experienced a mental health issue in the past academic year.

• 59% are not confident in disclosing unmanageable stress or mental health issues to their employer.

• 48% of all staff feel their organisations do not support employees well who have mental wellbeing problems.

• 59% have considered leaving the sector in the past academic year due to pressures on their mental health and wellbeing.

Assessment

In cases involving physical injuries, it may be obvious whether an employee is disabled or not within the definition of the Act. However, in cases involving mental health conditions, such as stress, anxiety and depression, it is not as easy to assess. In cases such as this, it is always prudent for the employer to obtain a medical assessment, usually in the form of an independent occupational health report, on a particular employee in order to assist you in making a judgement and/or to consider