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StressLatest NewsHealth and safetyMental healthWellbeing

Why mental health first aid legislation is long overdue

by Simon Blake 1 Mar 2023
by Simon Blake 1 Mar 2023 An MP's proposed legislation seeks to introduce mandatory mental health first aid training in workplaces
Image: Shutterstock
An MP's proposed legislation seeks to introduce mandatory mental health first aid training in workplaces
Image: Shutterstock

A private members’ bill that would introduce mandatory mental health first aid training has received a mixed response, with some worried it could create a ‘tick box’ approach to employee mental health support. However, Simon Blake believes it could be the start of a wider project to put mental and physical health on a level footing.

After two or more decades of courageous storytelling, campaigning and education, the importance of workplace mental health is increasingly understood by organisations, big and small.

Despite laudable progress, there is still inequity between how an employee’s mental health is protected and supported, compared to their physical health and safety. In part, this is down to the current legislative framework.

Through the Health and Safety at Work Act, every employer is required to have a plan for first aid in the workplace, but there have long been calls for the Act to be updated to provide for mental health too.

The evidence for action is clear, and the need for investment is stark. Deloitte’s 2022 report estimated that mental ill health costs UK businesses £56 billion per year, but with relatively modest investment this can change. The same report shows more than a fivefold return on investment for employers, with every £1 spent on staff wellbeing giving an average return of £5.30. Then there is the human cost, the cost of poor mental health, and lives lost to suicide.

Against that backdrop, Conservative MP Dean Russell successfully tabled a First-Aid (Mental Health) Private Members Bill, due to have its second reading on 24 March 2023.

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As it is a private members’ bill, it has not followed the well-trodden legislative development and consultation path that a government bill would.

Therefore, despite speculation from some, we do not yet know what the bill would look like, or indeed what it would make provision for, so for now we can only focus on what we know and the principles that should underpin any legislative change.

There is currently no legal requirement for employers to provide what, in some cases is, lifesaving support to someone experiencing a mental illness or crisis. Legislative change must encourage employers to take a preventive strategy, focusing on early and crisis intervention. We hope this change would encourage organisations to adopt a more holistic approach to mental health overall.

To bring about true equality between mental and physical health, every employer would have to take a whole organisation approach to mental health and wellbeing. Enshrining equality for mental and physical health into law is an important step, albeit insufficient alone.

A whole organisation approach requires:

  • Leaders to create a compassionate culture and champion high performance and wellbeing from the top
  • A strong focus on wellbeing and equity which is evident in job design, performance management and investment in learning and development
  • Managers to be trained, supported and have the time and tools to manage well, including supporting the mental health of their teams
  • An understanding of how to promote the health and wellbeing of everyone and ensure targeted support is available for those who need it.

Regulation can propel employers to start doing the right thing, with the hope and belief that they will go above and beyond the minimal requirements of the law.”

Whilst many organisations are taking the issue of workplace mental health extremely seriously, there are others that haven’t even started on the journey. This is where regulation can propel employers to start doing the right thing, with the hope and belief that they will go above and beyond the minimal requirements of the law.

The opportunities presented by Dean Russell’s proposed bill are endless. With a little imagination, it is possible to envisage legislation which strengthens the responsibility of employers to create psychologically safe workplaces for everyone, and in doing so are explicit about the needs of everyone, including those experiencing common mental health issues, those experiencing challenging life events and those with serious mental illness.

Physical first aid regulations help create a framework that requires employers to think about the optimal level of training. Since the Health and Safety at Work Act’s implementation in 1974, we have seen a 90% reduction in fatal injuries and non-fatal injuries have fallen by more than 70%. In much the same way, this new bill could be the catalyst needed to create the same framework for improving provision for mental health at work. It would also contribute to a positive shift in attitudes to mental health by normalising these conversations so everyone can speak more freely about their mental health and seek support when needed.

When we come together in pursuit of a common goal we are limited only by our imagination. We have a golden opportunity to help create and shape legislation and supporting guidance that takes us, at least, one step closer to ensuring that every employer in the UK is legally responsible for creating mentally healthy and safe working environments.

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Simon Blake
Simon Blake

Simon Blake is the chief executive of Mental Health First Aid England, which offers expert workplace guidance and training to support mental health.

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