Proactive approach to mental health issues by employers is encouraging

Disability Law /
Courtney Mulqueen
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By Tony Poland, LegalMatters Staff • Workplace stress is a fact of life but a growing commitment by more employers toward a more preventative approach to mental health issues is reason for optimism, says Ontario disability insurance lawyer Courtney Mulqueen.

“It seems that an increasing number of people are considering mental healthcare on an ongoing basis, even if they are not in a crisis,” says Mulqueen, principal lawyer of Mulqueen Disability Law Professional Corporation. “There is a move to supportive therapy. More organizations are developing ways to address mental health issues, taking a holistic approach. That could include gym memberships for physical fitness and therapy sessions to help employees manage stress. 

“This approach should become more available and acceptable to the point where if you do want to go and get regular maintenance mental health therapy, you can,” she tells LegalMattersCanada.ca. “Addressing an issue early can help avoid long periods of absenteeism that can have financial consequences for both the employer and employee.”

Billions of working days lost

According to the World Health Organization (WHO), 12 billion working days are lost every year to depression and anxiety. 

“Furthermore, people living with severe mental health conditions are largely excluded from work despite this being important for recovery,” WHO states. “Mental health conditions can also impact families, carers, colleagues, communities, and society at large. Depression and anxiety cost the global economy US$1 trillion each year predominantly from reduced productivity.”

The organization released “global guidelines” on mental health at work and cited risks that can include:

  • under-use of skills or being under-skilled for work;
  • excessive workloads or work pace, understaffing;
  • long, unsocial or inflexible hours;
  • lack of control over job design or workload; 
  • unsafe or poor physical working conditions;
  • an organizational culture that enables negative behaviours;
  • limited support from colleagues or authoritarian supervision; 
  • violence, harassment or bullying;
  • discrimination and exclusion;
  • unclear job role; 
  • under- or over-promotion; 
  • job insecurity, inadequate pay, or poor investment in career development; and
  • conflicting home/work demands.

Mulqueen says there has been an increasing awareness about mental health issues in recent years, due in part to the COVID-10 pandemic that saw the prevalence of anxiety and depression increase by about 25 per cent.

‘There has been a shift in focus’

“There has been a shift in focus where the issue is more in the mainstream now,” she says. 

“There are more resources available and even just talking about mental health has become more acceptable.”

However, now that the pandemic has become almost an afterthought, the danger of slipping back into the old way of doing things should not be discounted, Mulqueen says.

“It will be interesting to see if we eventually revert to the former workplace culture where we are back in the office, working long hours and not taking care of ourselves because that is how it was before,” she says. “I hope that doesn’t happen but it is a likely concern now that many are essentially over COVID.” 

Mulqueen notes that many professions, such as healthcare, finance and the law, attract people “with a certain go, go, go personality type.”

“Unfortunately that mentality prevails until they cannot go any longer,” she says. “There are those who continue to push themselves to work in a pressurized environment for longer than they probably should. They may turn to substances or other unhealthy coping mechanisms, as opposed to admitting that they are struggling to keep up with the hectic pace of their lives.”

She points to a recent inquest into the death of British lawyer Vanessa Ford, who was suffering from an “acute mental health crisis” when she was hit by a train in London last September.

Ford, was a senior equity partner working up to 18 hours a day. The inquest heard she “was wracked with guilt over missing time with her two children” at the time of her death.

On the day she died, Ford had consumed a “significant” amount of alcohol when she fell onto a railway line and was struck by a train. The coroner stated there was no evidence she intended to commit suicide. 

Raised no concerns at work

British Transport Police at the time said Ford left a note at home that expressed “a degree of helplessness” although she had raised no concerns about stress at work. 

The managing partner at Ford’s law firm pledged to address mental health issues in light of the tragic death.

“We want this to be an ongoing conversation with colleagues to ensure we are doing everything we can to support our people. Across the legal industry – and more generally in society – a stigma around mental health persists and this is challenging to address,” Laura Cameron stated. “With vigilance, refreshed support measures and ongoing dialogue, both internally and externally, we will seek to make positive and lasting change.”

Mulqueen says it is not unusual for lawyers to work long hours to meet the demands of the jobs and the demands they inflict upon themselves, sometimes even taking on their client’s stress.

“It can be part of the job but may also impact your mental well-being,” she says. “There are professions where you are recognized, praised and compensated for putting in extra time and billing extra hours. These performance expectations and standards could mean you are under constant pressure and it takes a toll on a person’s mental health. Certainly, that reality exists in the legal profession.

“Unfortunately, there can still be this underlying notion that admitting any sort of burnout or feeling of helplessness is a sign of weakness and makes you a lesser professional. That is just such a dangerous misconception,” Mulqueen adds. “It can be extremely risky if people are afraid to admit they are struggling.”

It was reported that shortly before she died, Ford had made a call to a mental health professional to discuss her depression and alcohol consumption, but was unable to get an appointment.

Shortage of mental healthcare professions

“The shortage of mental healthcare professions seems to be a universal problem,” Mulqueen says. “People may be able to recognize they have a problem, but now what? They need help. In some cases, it is not that they don’t want to talk to someone about their issue. It comes down to how they actually source the care they need if it is just not available.”

While access to mental healthcare professionals remains a problem, she says she is encouraged by news of companies committing to their employees’ well-being.

Benefits Canada recently reported that “workplace wellness and employee mental health are popular topics of discussion and top priorities for organizations across Canada.”

“Over the past couple of years, employers have been responding to mental-health needs within their workplace as a reaction to employees in times of need,” it states. “Organizations have offered webinars, increased psychological benefit amounts and signed up for programs that supported their workforce in a time of crisis. Nearly four years since the start of the coronavirus pandemic, employers have much more knowledge, perspective and research on how to best support their teams.

“Research around the return on investment of employee mental health has now been widely circulated and accepted. Organizations are moving away from the quick-fix approach and are investing time, effort and personnel dedicated to this work.” 

Mulqueen says this trend in work culture is being embraced by many employees.

“I find what is interesting is that more people are making an ongoing commitment to psychological care, just as you would go to the gym or see your family doctor or your dentist regularly,” she says. “It just makes sense to care for your mental health just as you would your physical health. It is simply one more way to care for ourselves in these hectic times.”