We regularly advise employers on employment litigation matters involving mental health and stress at work, whether these are stand-alone claims of discrimination or linked to other matters such as constructions unfair dismissal claims. We recognise the toll these issues can have on all parties and always ensure all options are explored at an early stage, where necessary and appropriate looking to achieve early resolution. If this is not possible, or it is appropriate to continue to defend a claim, we offer a ‘cradle to grave’ approach including all stages of case preparation and advocacy.
We assist our employer clients on a range of internal advisory issues such as policy reviews, grievances, bullying and harassment, short and long-term absences, managing stress at work and other issues which often have a mental health angle. Many of the team are skilled investigators and we conduct independent investigations for clients across the spectrum of sectors and segments in which we operate. It is common that we will advise employers on cases from the outset of issues being raised, through to employment tribunal litigation and advocacy, and also have trained mediators within the team who are able to lend an expert hand to resolving issues early, thus avoiding time-consuming and costly litigation, whilst also helping to manage reputational risk by avoiding public forums.
In addition to advisory work we regularly train managers on the legal issues and how to stay on the right side of the law, and HR teams on the management of mental health at work, bullying and harassment, avoiding discrimination, the management of long term absences and capability issues, stress risk assessments, disciplinaries, grievances and complaints handling, and whistle-blowing.
Technology often plays a central part in assisting clients in risk managing their affairs, such as the use of a specially created disability tool which assists managers in assessing whether an employee is likely to be considered to be disabled and focusing their minds on matters such as the duty to make reasonable adjustments.