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DC109-Mental Health and Wellbeing at Work Policy

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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

Mental Health and Wellbeing at Work Policy

1. Introduction and Purpose

{{org_field_name}} is committed to protecting and promoting the mental health, safety and wellbeing of all people working for or on behalf of the organisation. We recognise that work can have both a positive and a negative effect on mental health and that poorly managed workloads, staffing pressures, lone working, travelling between visits, distressing incidents, violence or aggression, bullying, harassment, discrimination, inadequate support and a lack of control over work may contribute to work-related stress or mental ill health.

The organisation will take reasonably practicable steps to identify, assess and control risks to workers’ mental and physical health. Mental health will be managed as an integral part of health and safety, equality, workforce planning, supervision, safeguarding and service governance. Support will be provided fairly, sensitively and without stigma. No person will be treated unfavourably because they have disclosed a mental health condition, sought support or requested a reasonable adjustment.

Supporting workforce wellbeing is essential to maintaining safe, effective, compassionate and person-centred domiciliary care. The organisation will therefore consider how staffing levels, travel arrangements, rotas, rest periods, supervision, training, communication and management practices affect both workers and people receiving care.

The purpose of this policy is to:

2. Legal and Regulatory Framework

This policy is informed by the following legislation, regulations and guidance, as amended from time to time:

This policy must be read alongside the organisation’s Health and Safety Policy, Stress Risk Assessment Procedure, Equality and Diversity Policy, Reasonable Adjustments Procedure, Sickness Absence Policy, Lone Working Policy, Violence and Aggression Policy, Bullying and Harassment Policy, Whistleblowing or Speaking Up Policy, Data Protection Policy, Safeguarding Policy and Business Continuity Plan.

3. Scope of the Policy

This policy applies, as appropriate, to all employees, workers, bank workers, apprentices, temporary workers, agency workers, volunteers, students, contractors, consultants, directors and senior leaders working for or on behalf of {{org_field_name}}. Relevant principles will also be applied during recruitment and onboarding.

The policy applies whether work is undertaken at the organisation’s office, in a person’s home, while travelling between care visits, during training, at another work location or through electronic communication connected with work.

Agency workers remain subject to the employment and wellbeing arrangements of their employing agency. However, {{org_field_name}} will cooperate with the agency, share relevant workplace risk information and take appropriate action where an agency worker’s health, safety or conduct may affect the worker or people receiving care.

This policy covers work-related stress, mental health conditions, emotional distress, burnout, trauma, bereavement, neurodivergence where relevant to mental wellbeing, substance-related concerns affecting safety, reasonable adjustments, mental health-related absence and urgent mental health situations. It does not require managers to diagnose a condition or provide clinical treatment.

4. Promoting Mental Health Awareness

Our company actively promotes mental health awareness through the following initiatives:

Training and competence

Workers will receive mental health and wellbeing information appropriate to their role. Managers will receive additional training on recognising possible signs of work-related stress or distress, holding sensitive conversations, responding to disclosures, considering reasonable adjustments, managing absence, maintaining appropriate confidentiality, escalating urgent concerns and recording actions appropriately. Training does not qualify managers or colleagues to diagnose mental illness or provide counselling unless they are professionally qualified and authorised to do so.

The organisation will evaluate whether training has improved management practice and staff confidence. Attendance alone will not be treated as evidence of competence. Refresher training will be provided according to identified need, changes in legislation, learning from incidents or concerns, and the organisation’s training schedule.

Awareness and communication

The organisation will provide workers with accessible information about mental health, work-related stress, available support, reasonable adjustments and how to raise concerns. Awareness activities will use respectful language, avoid stereotypes and make clear that participation in personal discussions or wellbeing activities is voluntary.

Mental health champions or wellbeing contacts

Where the organisation appoints mental health champions or wellbeing contacts, their role, training, limits of responsibility and escalation arrangements will be defined in writing. They may listen, provide initial information and signpost workers to appropriate support, but they must not diagnose, investigate, provide therapy or replace professional clinical assistance.

Champions must not promise absolute confidentiality. Where information indicates a serious and immediate risk to the worker or another person, a safeguarding concern, unlawful conduct or another matter requiring escalation, they must share the minimum necessary information with an appropriate manager or emergency service in accordance with this policy and the organisation’s data protection procedures.

5. Creating a Supportive Work Environment

We believe that a supportive work environment is fundamental to promoting mental wellbeing. Our approach includes:

Open communication and speaking up

Workers are encouraged to raise concerns about their wellbeing, workload, staffing, care quality or working conditions without fear of victimisation or disadvantage. Managers will provide regular opportunities for individual supervision, wellbeing discussions, team feedback and confidential reporting. Concerns affecting the safety or quality of care must also be addressed under the organisation’s safeguarding, incident reporting and speaking up procedures.

Workers may raise a concern with their line manager, another manager, the registered manager, the responsible individual, human resources or another designated speaking up contact. No worker will be subjected to retaliation for raising a genuine concern in good faith.

Flexible working and adjustments to working arrangements

The organisation will consider requests for flexible working in accordance with applicable employment legislation and its Flexible Working Policy. Eligible employees have a statutory right to request flexible working from the first day of employment. A right to request does not create an automatic right to a particular working pattern, and requests may be refused only for a lawful business reason following proper consideration and consultation.

A flexible working request is separate from the duty to make reasonable adjustments for a disabled worker. Where a worker may be disabled within the meaning of the Equality Act 2010, the organisation will consider reasonable adjustments proactively and will not require the worker to rely only on the statutory flexible working process.

Because domiciliary care is normally delivered in people’s homes, remote working will not usually be possible for direct care duties. However, other adjustments may be considered, including changes to start or finish times, visit patterns, travel areas, break arrangements, communication methods, supervision frequency or non-care administrative duties, where reasonable and compatible with safe service delivery.

Workload, staffing and rota management

Managers will monitor staffing levels, visit schedules, travel time, continuity of care, missed or late visits, overtime, on-call demands, annual leave, sickness absence, breaks and the cumulative emotional demands of care work. Rotas must allow sufficient time for safe travel, completion of care tasks, record keeping and rest. Workers must not be routinely expected to complete unpaid work or travel in a way that creates foreseeable risks to health, safety or care quality.

Where workload or staffing pressures are identified, managers must document and implement proportionate action. Action may include reallocating work, obtaining additional staffing, revising visit times, limiting new care packages, reviewing geographical areas, providing additional supervision or escalating capacity concerns to senior management or commissioners.

Respectful and inclusive culture

Bullying, harassment, victimisation, discrimination, intimidation and stigmatising behaviour are not acceptable. Reports will be addressed promptly under the appropriate organisational procedure. Employment decisions, including recruitment, training, allocation of work, performance management, promotion and disciplinary action, must not unlawfully disadvantage a person because of disability or another protected characteristic.

6. Domiciliary Care-Specific Mental Health Risks

The organisation recognises that domiciliary care workers may experience specific pressures because they work alone, travel between locations and provide care in private homes. Risk assessments and management arrangements will therefore consider, where relevant:

Controls may include suitable staffing, safe rota design, access to on-call management, lone-working arrangements, risk information, training, communication systems, welfare checks, clinical or managerial supervision, debriefing, temporary changes to duties and referral to professional support.

A debrief must not be used to compel a worker to describe an upsetting event in detail. Managers should offer practical support, explain available options and arrange follow-up at an appropriate time.

7. Identifying and Supporting Employees at Risk

Early identification and intervention are key to supporting employees facing mental health challenges. Our process includes:

Recognising possible concerns

Managers will remain alert to changes that may indicate distress, work-related stress or a need for support. These may include changes in behaviour, communication, attendance, punctuality, concentration, performance, relationships, emotional presentation or ability to work safely. Such signs are not proof of a mental health condition and must not be used to diagnose, stereotype or make assumptions about a person.

Supportive conversations

Where there is a concern, the manager should arrange a private, timely and respectful conversation. The manager should explain the reason for the conversation, listen without judgement, ask what support may help, establish whether work is contributing to the concern and agree proportionate next steps. The worker is not required to disclose a diagnosis unless specific information is reasonably necessary to protect health and safety, consider adjustments or manage fitness for work.

Managers must not promise absolute confidentiality. Before information is shared, the worker should normally be told what will be shared, with whom and why, unless doing so would create a serious risk or be otherwise inappropriate.

Signposting and professional support

The organisation will provide workers with current information about available internal and external support. Depending on the arrangements maintained by the organisation, this may include an Employee Assistance Programme, occupational health, the worker’s general practitioner, NHS services, recognised charities, counselling or other professional assistance.

The organisation will not state that a service is available unless it has been commissioned and workers have been given accurate access details. Where no Employee Assistance Programme or occupational health service is available, the organisation will provide appropriate NHS and independent signposting and consider whether professional advice is required in the particular case.

A manager may recommend professional support but must not compel a worker to obtain treatment. Any management referral to occupational health will be discussed with the worker and handled in accordance with the organisation’s occupational health and data protection arrangements.

Reasonable adjustments

Mental health conditions may meet the definition of disability under the Equality Act 2010. Where the organisation knows, or could reasonably be expected to know, that a worker is disabled and is placed at a substantial disadvantage, it will consider and implement reasonable adjustments. The worker does not need to use the phrase “reasonable adjustment” before the organisation considers its duty.

Adjustments will be considered individually and in consultation with the worker. Examples may include changes to hours, duties, visit allocation, travel area, communication methods, supervision, training, break arrangements, workspace, absence triggers, return-to-work arrangements or time off for treatment. These examples do not create an automatic entitlement to a particular adjustment.

Agreed adjustments will be recorded, communicated only to people who need to implement them and reviewed on an agreed date or sooner if circumstances change. Where a requested adjustment cannot reasonably be implemented, the organisation will explain the reason and consider alternatives.

Fitness for work and safety

A mental health condition does not, by itself, mean that a worker is unfit to work in care. Decisions about fitness, restrictions or temporary changes must be based on the individual circumstances, reliable information, the requirements of the role and an appropriate risk assessment. Where necessary, occupational health or other professional advice will be sought. Any immediate concern about safe care must be managed promptly without using mental health as a basis for stigma or automatic exclusion.

8. Prevention and Management of Work-Related Stress

The organisation will treat work-related stress as a health and safety matter. It will carry out suitable and sufficient organisational and, where appropriate, individual stress risk assessments. Assessments will identify hazards, who may be affected, existing control measures, further action required, responsible persons and review dates.

Risk assessments will be reviewed where there is reason to believe that they are no longer valid, following a relevant incident or concern, when working arrangements change, or when a worker reports that work is adversely affecting their health.

The organisation will use the Health and Safety Executive Management Standards as an appropriate framework. Assessments will consider:

The primary response to an identified workplace stressor must be to remove or reduce the source of risk where reasonably practicable. Resilience training, mindfulness or self-care information may be offered as supplementary support but will not be used as a substitute for addressing unsafe staffing, excessive workload, poor management, bullying, inadequate training or other organisational causes.

Where an individual reports work-related stress, the manager will consider an individual stress risk assessment and action plan in consultation with that person. The plan should identify the stressors, agreed controls, support, review arrangements and any necessary escalation.

9. Access to Support

The organisation will maintain and communicate an up-to-date list of available support. The list will state clearly which services are provided by the organisation and which are external services.

Available support may include:

Workers will not be disadvantaged for accessing support. However, workers remain responsible for complying with lawful reporting, absence, medication, fitness for work and health and safety requirements relevant to their role.

The organisation will review signposting information regularly to ensure that names, telephone numbers, web addresses, eligibility criteria and opening hours remain accurate.

10. Mental Health Emergencies and Immediate Risk

Where a worker appears to be at immediate risk of suicide, serious self-harm or serious harm to another person, or is unable to keep themselves or another person safe, the matter must be treated as an emergency.

The person receiving the information should, so far as it is safe and practicable:

Workers and managers must not attempt to provide clinical treatment unless qualified and authorised to do so.

Consent should normally be sought before sharing health information. However, information may be shared without consent where this is necessary and proportionate to protect the worker or another person from serious harm, to safeguard a child or adult at risk, to obtain emergency assistance, to comply with a legal obligation or for another lawful reason. The absence of consent must not prevent emergency action where life or safety is at serious risk.

Following an emergency, the organisation will consider immediate safety, contact arrangements, fitness for work, support, reasonable adjustments, safeguarding, impact on colleagues and people receiving care, and an appropriate follow-up plan.

11. Managing Mental Health-Related Absences

If an employee requires time off due to mental health issues, we manage absences sensitively and supportively:

Reporting absence

Mental health-related sickness absence will be managed under the organisation’s Sickness Absence Policy and with the same seriousness and respect as physical ill health. Workers must follow the organisation’s normal absence notification procedure unless an emergency or their condition makes this impracticable.

A worker should provide sufficient information to allow the organisation to manage the absence, immediate safety, work allocation and support. The worker will not normally be required to disclose detailed clinical information to their line manager. Medical certificates or fit notes will be obtained in accordance with applicable requirements and the Sickness Absence Policy.

Contact during absence

The manager and worker should agree the appropriate frequency and method of contact, taking account of the worker’s health and operational requirements. Contact should be supportive and must not place inappropriate pressure on the worker to return before they are fit. If contact is not possible, the manager should follow the organisation’s welfare concern and absence procedures.

Return-to-work discussion

A return-to-work discussion will be completed promptly and sensitively. It will consider the worker’s fitness for work, whether work contributed to the absence, any current medication or treatment implications that the worker needs to disclose for safe working, reasonable adjustments, an individual stress risk assessment, occupational health advice and a review date.

The purpose of the discussion is to support a safe and sustainable return, not to require unnecessary disclosure of a diagnosis.

Phased return and temporary adjustments

A phased return or temporary alteration to duties may be considered where appropriate. The arrangement must specify its duration, hours, duties, pay arrangements where relevant, review dates and the person responsible for monitoring it. A phased return may constitute a reasonable adjustment but will be considered according to the individual circumstances.

Mental health-related absence will not automatically result in disciplinary or capability action. Where absence or capability concerns continue, the organisation will follow a fair procedure, obtain appropriate information, consider reasonable adjustments and distinguish conduct from health or capability concerns.

12. Roles and Responsibilities

12.1 Provider, Directors and Senior Leaders

The provider, directors and senior leaders are responsible for:

12.2 Registered Manager

The registered manager is responsible for:

12.3 Line Managers and Supervisors

Line managers and supervisors are responsible for:

12.4 Workers

Workers are responsible for:

A failure to disclose a mental health condition will not, by itself, be treated as misconduct. Any action will depend on the individual circumstances, including whether the worker knowingly withheld information that they were specifically required to disclose because it created a material and foreseeable safety risk.

13. Confidentiality, Records and Data Protection

Information about a worker’s mental or physical health is personal data and will usually constitute special-category personal data. It will be processed in accordance with the Data Protection Act 2018, UK General Data Protection Regulation and the organisation’s data protection, retention and information security arrangements.

Before processing health information, the organisation will identify an appropriate lawful basis under Article 6 of the UK GDPR and an applicable condition under Article 9. Consent will not automatically be relied upon as the lawful basis because consent in an employment relationship may not always be freely given.

Health information will be:

Managers should normally record agreed actions, functional effects, safety considerations and adjustments rather than unnecessary diagnostic or therapeutic detail. Occupational health reports and clinical information must be kept separately with appropriately restricted access.

Information may be shared without the worker’s consent where this is necessary and lawful, including to protect life or prevent serious harm, address a safeguarding concern, comply with a legal obligation, obtain legal advice, establish or defend legal claims, manage a serious health and safety risk or meet another applicable legal condition. Only the minimum necessary information will be shared.

Information about a worker’s health must not be disclosed to colleagues, people receiving care or relatives merely to explain absence or changes in duties. Where colleagues need operational information, they should normally be told only the practical arrangements relevant to their work.

Workers may exercise their data protection rights in accordance with the organisation’s Data Protection Policy. Any suspected unauthorised disclosure or loss of health information must be reported immediately under the organisation’s personal data breach procedure.

14. Medication, Substance Use and Fitness for Safety-Critical Duties

Workers are not normally required to provide details of all medication or treatment. However, they must inform an appropriate manager where a health condition, prescribed medicine, over-the-counter medicine, treatment, alcohol use or substance use may materially affect their ability to drive, travel safely, administer medicines, move and handle people, use equipment, work alone, make safe decisions or perform another essential part of their role.

Information will be handled confidentially and used only to assess safety, fitness for work, support or adjustments. The organisation may seek occupational health or other appropriate professional advice with the worker’s knowledge.

A worker must not undertake duties where they know or reasonably believe that they are not fit to do so safely. Immediate concerns will be managed under the relevant health and safety, medication, substance misuse or disciplinary procedure, depending on the circumstances.

15. Supervision, Debriefing and Reflective Support

Workers will receive supervision appropriate to their role, experience, hours and responsibilities. Supervision should provide an opportunity to discuss workload, wellbeing, competence, incidents, safeguarding matters, care quality, training and support needs.

Additional supervision or debriefing will be considered following a death, serious incident, assault, safeguarding concern, medication error, complaint, allegation, emergency or other distressing event.

Managers will distinguish supportive supervision from formal investigation. Where a matter may lead to disciplinary, capability, safeguarding or other formal proceedings, the worker will be informed which procedure is being followed.

16. Monitoring, Governance and Continuous Improvement

The registered manager and senior leadership team will monitor the implementation and effectiveness of this policy through appropriate governance arrangements. Evidence may include:

Monitoring will be proportionate and will not be used to identify or profile individual workers unnecessarily. Reports should normally use anonymised or aggregated information. Small datasets must be handled carefully to prevent indirect identification.

Identified concerns will result in documented improvement actions, responsible persons, timescales and follow-up. Senior leaders will ensure that concerns are not merely recorded but are acted upon and that workers receive feedback about changes made where appropriate.

The policy will be reviewed at least annually and sooner where there is:

17. Policy Commitment

{{org_field_name}} is committed to maintaining a safe, inclusive and supportive working environment. The organisation will seek to prevent work-related stress, respond appropriately to mental health concerns, make reasonable adjustments where required and ensure that workforce wellbeing is considered as part of safe staffing and good governance.

This policy does not replace professional medical advice or emergency assistance. Workers who need clinical support should contact an appropriate healthcare professional, NHS service or emergency service according to the urgency of the situation.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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