9. Supporting individuals

While Chapters 6, 7 and 8 looked at what union reps might try to negotiate with employers in terms of collective policies and procedures, this Chapter examines what might be negotiated for specific individuals experiencing mental health problems.

Ideally, the sickness absence procedures, disciplinary procedures and so on discussed in the previous Chapters will have already been reviewed and adjustments made to support staff experiencing mental health problems. If not, the adjustments considered might need to be applied on an individual basis. In any case, there are many other situations in which reps might be called upon to help individual members with mental health issues negotiate their own workplace adjustments.

Under the Equality Act 2010, employers must make “reasonable adjustments” for an employee with a mental health condition which comes within the legal definition of disability (see Chapter 4). If the employer does not make reasonable adjustments, it can be found guilty of disability discrimination. But unions will want to ensure the principles apply to anyone experiencing a mental health problem.