eric-whitehead
01538 755 761
Purpose
Mental health problems at work are common. According to the mental health charity, Mind, at least one in six workers experience common mental health problems, including anxiety and depression.
The legal profession can be a particularly high-pressure environment to work in and we strongly believe that we have a responsibility to do everything we reasonably can to look after our employees’ wellbeing in the workplace. We want our employees to feel valued and supported through life’s challenges and to have a sense of purpose and feel that their work is meaningful. We recognise that fostering a healthier, happier, and engaged workforce is key to sustainable performance, motivation, and productivity and in turn organisational success.
The purpose of this policy is three-fold:
- To promote, nurture and maintain positive mental health, wellbeing, and resilience of our employees through workplace practices and initiatives.
- To educate and encourage all of us to take responsibility for our own mental health and wellbeing.
- To raise awareness of mental health conditions so that we can support colleagues experiencing challenging times as best as much as we can.
We aim to empower our people with the knowledge and resources they need to achieve positive mental health and optimum levels of wellness.
This policy applies to all employees in The Eric Whitehead Partnership and consultants.
All employees are encouraged to:
- understand this policy and seek clarification from management where required.
- consider this policy while completing work-related duties and at any time while representing The Eric Whitehead Partnership.
- support colleagues in their awareness of this policy
- support and contribute to The Eric Whitehead Partnerships aim of providing a healthy and supportive environment for mental wellbeing for all employees.
All employees have a responsibility to:
- take reasonable care of their own mental health and wellbeing, including physical health.
- take reasonable care that their actions do not affect the health and safety of other people in the workplace.
Managers have a responsibility to:
- ensure that all employees are made aware of this policy.
- actively support and contribute to the implementation of this policy, including its aims and objectives.
- Lead by example and demonstrate the firm’s commitment to wellbeing through their own actions and behaviours – this includes treating colleagues fairly and with respect, not bullying, harassing, or discriminating against them, as well as requiring employees to meet this standard and challenging behaviour that does not.
- work on developing empathetic and compassionate leadership skills to encourage and empower employees to open up about mental health issues and seek help.
Nicola Robinson is ultimately responsible for this policy and ensuring that it is implemented throughout the firm.
- To build and maintain a workplace environment and culture that supports positive mental health and wellbeing and prevents discrimination (including bullying and harassment).
- To increase employee knowledge and awareness of mental health and wellbeing issues and behaviours.
- To reduce stigma around mental health conditions in the workplace.
- To facilitate employees’ active participation in a range of initiatives that support positive mental health and wellbeing.
Workplace culture is commonly referred to as a set of behaviours, values and beliefs that shape how people work and interact day to day. Put simply, it refers to the way we ‘do things around here.’
We strongly believe in the importance of creating a positive, open, and honest workplace culture for everyone, where we help each other to thrive and where our employees feel able to admit when they are struggling and in need of support.
We want to know about the key workplace issues that impact negatively on our employees’ mental health and wellbeing and encourage an open dialogue between managers and employees so that we are given the opportunity to address any areas of concern. We promote a balanced approach where switch off/relaxation time is valued as highly as work time.
We are committed to training our management team to be well-informed about mental health issues – how to identify symptoms, understand mental health conditions, have meaningful conversations with employees, respond sensitively and reasonably and adjust working requirements and conditions where appropriate.
Mental health includes our emotional, psychological, and social wellbeing. It affects what we think about, how we feel and how we act and is as important as our physical health, therefore we should take care of it with equal importance. Mental health problems are widespread, affecting around one in four people in any given year and can range from mild to very severe.
Poor mental health is a state of low mental wellbeing where you are unable to realise your own potential, cope with day-to-day pressures of life, work productively or contribute to a community.
Even if you do not consider this to be an issue for you, it is likely that you will have colleagues who are experiencing some kind of mental health problem, or you may experience one yourself in the future. It is therefore important to have an understanding and awareness to enable us to better support ourselves and each other.
Below is a summary of various mental health disorders (some of which you may be more familiar with than others) which can impact on our ability to conduct our work. The purpose of outlining this information is to increase awareness and understanding; this is not intended to be taken as medical advice, which should be obtained from a medically trained professional. This is in no way an exhaustive list:
Stress is defined as the adverse reaction people have to excessive pressures or other types of demands placed on them. It occurs where the result of being under pressure exceeds your ability to cope. A stressor may be external (e.g., issues at home or at work, relationship problems etc.) or internal (e.g., low self-esteem or unrealistic expectations) and can be linked to both positive and negative life events and experiences.
Stress is a major workplace risk and can seriously affect your health if it is not properly addressed. Symptoms can be wide ranging and can affect us in different ways, emotionally, behaviourally, or physically. Examples include:
Emotional symptoms: loss of energy or enthusiasm, mood swings, anxiety, depression, panic attacks and suicidal thoughts.
Behavioural symptoms: engaging in unhealthy behaviour such as avoidance, procrastination, use of alcohol and drugs and other damaging behaviour which can impact on your career and relationships.
Physical symptoms: insomnia, high blood pressure, nervous tics, headaches, extreme tiredness, gastrointestinal issues and worsening of chronic illnesses and pre-existing medical conditions.
It is important to monitor your stress levels to avoid a downward spiral which may result in burnout (see below). A useful starting point is to develop an awareness of your personal stress signature which is the way that your body feels when you are stressed. If you are aware of how and where your body stores its stress, this can help you to uncover the best ways to relieve that tension. It can help to focus on your breathing and to practice breathing in and out slowly and deeply. Also be aware of your bodily sensations and practice relaxing any tense areas, such as your shoulders, face, and neck muscles.
Conversely, it is also helpful to discover what your relaxation signature is, in other words, what helps you to relax and have feelings of comfort? Once you have identified these elements, it can be beneficial to visualise them prior to and during times of stress and, wherever possible, to include them in your life and start with the aim of retraining your body to remain more relaxed.
As much of the stress we experience in the workplace can be related to our perception that we are expected to be available all of the time and responding to emails at all hours of the day for example, it can be helpful to take a step back, look at the situation from a different perspective and understand that it is acceptable to set your own boundaries and to communicate those to all, internally and externally. Consider the suggestions made in the Digital wellbeing section below.
If you feel that you are struggling to manage your stress levels, we encourage you to talk to someone such as your line manager, a trusted confidante, your GP about it as soon as possible to decide on a plan of action. If you suspect that a colleague is having problems with stress, you should also encourage them to talk to someone about it.
Information regarding workplace stress is available at https://www.hse.gov.uk/stress/index.htm.
Generalised Anxiety Disorder (GAD)
Feelings of anxiety, worry and mental and emotional challenges are all part of being human, whether we choose to be open about them or not.
Anxiety can become a mental health problem if it impacts your ability to live your life as fully as you want to, and the anxious feelings are more constant and all-consuming.
Anxiety is the main symptoms in several conditions, including panic disorder, phobias, OCD, PTSD, and social anxiety disorder.
GAD is a long-term condition which causes you to feel anxious about a wide range of situations and issues, rather than being focused on one specific event. People with GAD feel anxious on most days and struggle to remember the last time they felt relaxed due to a constant stream of anxious thoughts.
Symptoms can take both a physical and mental form and can vary from person to person. They can include feeling restless or worried much of the time, having trouble concentrating or sleeping, dizziness or heart palpitations.
We recommend that you see a GP in the first instance if feelings of anxiety are affecting your daily life, as they will be able to assist with treatment such as a referral for therapy, medication and recommending self-help resources and self-care steps you may wish to access/ adopt. It is also advisable to discuss your feelings with your line manager so that they are aware of the situation and can assist with adjustments to your work where possible.
For more information on anxiety disorders, please visit: https://www.lawcare.org.uk/information-and-support/anxiety
Depression is a long-lasting low mood which affects your day-to-day life. It can be experienced in varying degrees, from a feeling of low spirits in its mildest form to feeling suicidal at its most severe. It can be brought on by a variety of factors such as changes in our brain chemistry, genetics or circumstances in our life which cause prolonged stress.
Symptoms include feeling down, tearful or upset, feeling isolated and unable to relate to others, feeling low in confidence and self-esteem and finding no pleasure in life or things you usually enjoy. This can then result in a change in behaviour, such as withdrawing from social contact and events, self-harming, difficulty sleeping or sleeping too much, poor concentration, difficulty making decisions, low (or no) motivation and loss of appetite or eating too much.
There are a wide range of self-care actions that can be taken to help to lift your mood, for example trying mindfulness and meditation, making lifestyle changes such as eating healthily, trying to get a good night’s sleep, regularly exercising, spending time in nature and connecting with others. We recommend that you speak with a GP for more structured treatments such as talking therapies and medication and support if you feel you are suffering from persistent low mood which is impacting on your daily life.
For more information on depression, please visit: https://www.lawcare.org.uk/information-and-support/depression
Burnout: ‘is a state of emotional, physical, and mental exhaustion caused by excessive and prolonged stress. It occurs when you feel overwhelmed, emotionally drained, and unable to meet constant demands… eventually you may feel like you have nothing more to give. The negative effects of burnout spill over into every area of life…’
Presenteeism: the act of staying at work longer than usual, or going to work when you are ill, to show that you work hard and are important to your employer.’ This can be both in an office setting and digitally for those working remotely. There is a feeling that you must be available at all hours and respond immediately to emails and enquiries. The resulting impact of employees showing up for work when they are not well can include low productivity, inefficiency, and poor morale.
In high pressure sectors such as the legal profession, it can be challenging to strike the right balance between productivity and burnout. We understand that overworking is counterproductive due to the depleting effect it has on energy levels and mental clarity which can ultimately lead to excess stress, employee burnout and mental health problems.
We do not encourage our employees to frequently work outside of regular business hours, whether at home or in the office or to work when they are physically or mentally ill.
Where it has been agreed with your line manager that you are to work non-standard hours or for those who regularly work remotely, your line manager will work with you (and the rest of the team where necessary) to agree upon boundaries and strategies to put in place to help to avoid burnout and to set expectations as to availability for meeting and email etiquette etc (see section 14 below on ‘Digital wellbeing’ for further information).
Disconnect time to rest and recharge is actively encouraged for all employees, as is taking a full lunch break, avoiding work at weekends, and taking annual leave entitlement.
We train our managers to look after and check-in with their staff and to keep a watchful eye out for these types of issues and take proactive steps to work with employees to understand why this may be happening and what can be done to address this. This includes monitoring workloads and ensuring teams are well resourced.
We encourage our employees to raise any concerns about their own working hours and stress levels with their line manager and agree upon adjustments that can be made to assist.
Attention deficit hyperactivity disorder (ADHD)
ADHD is a condition that affects people’s behaviour – they can seem restless, may have trouble concentrating and may act on impulse.
Symptoms may be noticed at an early age, but some people go undiagnosed into adulthood which can have a significant detrimental impact on their life, including their work and relationship with colleagues.
Other common ADHD symptoms associated with adults include carelessness and lack of attention to detail, poor organisational skills, forgetfulness, inability to focus or prioritise and deal with stress, mood swings and irritability and difficulty keeping quiet/ speaking out of turn.
It goes without saying therefore that those with ADHD face several challenges in the workplace which may include interpersonal conflict, lateness, high absenteeism, high error rate, inability to change and lack of dependability.
If you have been diagnosed with this condition, we recommend that you let your line manager know so that can work with you to better understand how to support you in your role. If you are concerned that you may be showing symptoms of ADHD or have a diagnosis but require further support, we recommend that you discuss your concerns with a GP who will be able to discuss the most appropriate next step.
Reliance on substances such as alcohol and drugs
As mentioned in the section on stress above, the use of alcohol and drugs can be an unhelpful behaviour which people experiencing stress engage in as a coping mechanism, albeit a misconceived one. It is well known that those working in the legal profession have a higher propensity to alcohol and drug abuse compared to the general population due in part to work related stress and pressure.
If you believe you may be drinking excessively or are addicted to drugs, we recommend that you speak with a GP in the first instance as they will be able to discuss treatment options such as controlled drinking programmes, counselling, attending Alcoholics Anonymous or Narcotics Anonymous, in-patient treatment and medication. We also recommend that you discuss your concerns with your line manager so they are aware of the situation and can offer support as necessary.
It is important to be mindful that these types of problems may result in disciplinary action by the Solicitors Regulation Authority (SRA) if they spiral out of control and go untreated, such as driving under the influence of alcohol and drugs.
For more information on alcohol abuse, please see: https://www.lawcare.org.uk/information-and-support/alcohol and on addiction: https://www.lawcare.org.uk/information-and-support/drugs
Although it may not be widely known about, IS is understood to be widespread in the legal profession, particularly amongst young female lawyers, women of colour and women of the LGBTQ+ community.
IS is a psychological phenomenon defined as “the persistent inability to believe that one’s success is deserved or has been legitimately achieved as a result of one’s own efforts or skills.” In simple terms, those experiencing it do not feel good enough or deserving enough, they feel like an imposter or a fraud, despite external proof of success or competence.
Such beliefs can inevitably have a negative knock-on effect on your working life, holding you back from seeing the true picture, from taking up opportunities and reaching your full potential. This negative thought process depletes energy levels and creates stress which can impair critical functions of the brain such as clarity of thought, rational thinking, and regulation of emotions, if it goes unchallenged over time.
Unfavourable side effects that often ensue include loss of confidence, lack of concentration, absenteeism, and an increased likelihood to make errors, all of which have a detrimental impact on your health and wellbeing and are likely to impact your work.
The first step in addressing IS in yourself is said to be self-awareness, for example observing your inner critic and learning to stop it in its tracks, adopting a growth mindset, consistently acknowledging daily ‘small wins’ and talking to colleagues, your line manager etc to share your story.
As a firm, we encourage our managers to have awareness and look out for signs of IS in their team members. We aim to offer a safe place for our employees to talk openly without judgment and promote an open and supportive culture where our people can be their best selves and are encouraged to reach their fullest potential.
In addition, we provide training to all staff on unconscious biases and prejudices, how to be aware of these types of behaviour in the workplace and how organisations can mitigate against it.
If you believe you may be experiencing IS, please reach out to your line manager or a trusted colleague to start a conversation and begin to take steps to address it.
The issue of digital wellbeing is likely to become more important as hybrid and remote working becomes more commonplace in the future.
Technology is central to our working practices and whilst it can provide a positive influence if used in a specific way, it is important to develop a healthy, sustainable relationship with technology which minimises stress for both ourselves and others.
Technological stress/ tech stress/ technostress and digital anxiety are becoming more recognised terms to describe the negative psychological feelings that people experience when they feel overwhelmed by technology and unable to cope with it in a healthy manner. This can manifest in diverse ways, for example a compulsion to be connected, to share constant updates, to feel under pressure to respond to work-related information straightaway and to constantly be multi-tasking across various forms of technology.
(There is some cross over with the concepts of ‘burnout’ and ‘presenteeism’ here – more information on which can be found above).
As part of best practice for digital wellbeing, we encourage the following by way of email etiquette and approach:
- The subject line clearly reflects the email content.
- Emails are marked as urgent/ non-urgent in the subject line and a timeframe for a response is given.
- The delayed send function is used where possible when an email is sent outside of office hours so that it is received the next working day or (as above) the subject line is marked to indicate whether the email is time sensitive.
- Only copy others into emails who really need to see the contents.
- The three email rule is adhered to as far as possible – where a matter requires over three emails, a phone call or face-to-face discussion is made/ arranged.
- It is acceptable to have focused time scheduled into your day when you go offline for periods of time or on a more ad hoc basis, for example where emails are proving disruptive to working on an in-depth piece of work.
- Out of office messages can be used to set boundaries and communicate with colleagues as to when you will be available or how to contact you in an emergency.
b) Video conferencing guidelines
Video conferencing is more common than ever with the rise in remote working. It is worth bearing in mind that video calls require more focus and energy than face-to-face communication since we need to work harder to process non-verbal cues such as facial expressions, tone and pitch of voice and body language. As a result, some of us can experience video call fatigue, therefore it is important to take steps to counter this.
With regard to video conferencing, the following are encouraged:
- Consider who is invited and whether a meeting is the most efficient option to convey the information in question. Bear in mind that it is difficult to have a meaningful conversation with more than four people and the natural inclination will be for smaller groups to form. Shared files and clear notes can be an alternative to sharing information and avoids information overload.
- It is acceptable to decline to attend a meeting where you consider that it is not relevant to you/your role or is not a productive use of your time. It is an option to ask for notes and minutes instead of attending in person.
- It is acceptable to block out a lunch hour in your calendar and have a rule of no meetings during this time.
- Consider having shorter meetings to build in transition periods in between meetings and the opportunity to debrief/recharge. Where possible, vary the medium to a phone call or face-to-face discussion and the location, for example hold meetings outside whilst going for a walk (this will be more relevant when notes will not be required to be taken).
- Be present during meetings and make that the norm to avoid additional mental fatigue by attempting to multitask.
- Turning on the camera is optional/ cameras do not always need to be on throughout the full meeting.
- Spend time connecting with colleagues on a personal level and checking in on their wellbeing.
The Equality Act 2010 provides protection from discrimination due to a diagnosed disability. Under the Act you have a disability if “you have a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.” An impairment is considered substantial if it is more than minor or trivial, and it is considered long-term if it has lasted or is likely to last for at least 12 months.
If you have a mental health condition that meets these criteria, your employer is required to make reasonable adjustments to your working conditions so that you are not at a substantial disadvantage on account of your disability. This could include changes to your hours or your workspace, receiving mentoring or support, reallocating duties that you find difficult to handle, or receiving time off for investigations or treatment.
The Equality Act also prohibits employers or your colleagues from engaging in discrimination or harassment based on disability. For further information, please see our Equality and Diversity Policy.
What am I required to disclose?
No employee or candidate for a role is legally required to disclose a medical condition of any kind, whether it be mental or physical.
As an employer however, we are entitled to ask relevant questions about your health and to expect honesty. This allows us to determine whether you have a disability, whether you will need assistance with the application and whether you will be capable of carrying out the role in question.
If you lie or withhold information about a recurring mental health condition and that condition later affects your performance, we may decide that you have breached your duty of mutual trust and confidence which could affect your continued employment.
Disclosing a disability is a positive action that will empower, protect, and assist you in the workplace. For the Equality Act to provide you with protection, the disability needs to have been disclosed.
If you decide to disclose a medical condition to us, what you disclose and who to is a personal decision. The information can be disclosed informally with your line manager or supervisor or formally via Human Resources.
For employees that do disclose medical conditions to us, we are fully committed to supporting you as much as possible, which includes understanding the extent of the condition, how it may impact on your work, what we can do to prevent your condition worsening and whether you require any additional support or adjustments.
The consequences of unaddressed symptoms of mental ill-health can potentially affect your decision-making process and lead you to engage in unethical behaviour in the workplace or elsewhere, which contravene your ethical and regulatory obligations under the SRA Standards and Regulations.
Although the SRA has sympathy for lawyers with mental health issues, it will not allow these issues to excuse dishonest or illegal conduct or dismiss the harm caused by such conduct, both to the client and to the integrity of the profession.
The impact of failing to adhere to the necessary obligations cannot be overstated as this may lead to a formal report being made to the SRA who have the power to refer the results of its investigations to the SDT. In the worst-case scenario, this can lead to solicitors being struck off the role and required to pay significant costs.
As stated elsewhere in this policy, we are committed to supporting our employees in achieving and maintaining positive mental health and avoiding the downward spiral effect. If you have any concerns about your ability to conduct your role and uphold your ethical and regulatory obligations, please raise these with a line manager or appropriate confidante within the firm as soon as possible so that a structured plan can be put in place and support provided.
Sickness leave and return to work after a period of mental ill health
Please see our sickness policy of how to notify us of any unplanned sickness absence, what we require from you etc.
Your line manager will keep in regular contact with you during any extended periods of absence and will collaborate with you to put in place a structured return to work plan.
This may include assigning you a mentor on return to work and adjusting your working arrangements to support your needs. The aim will be to ensure you are fully supported and any work-related triggers are addressed to reduce the risk to your mental health in the future.
Your line manager will continue to monitor your mental health and wellbeing via regular 121 meetings for the course of your employment and you are encouraged to maintain an open dialogue with them on how you are feeling and whether there is anything that the firm can do to help.
- Lawcare website – a charity set up to support lawyers dealing with mental health conditions that provides many helpful resources, such as a free confidential helpline and webchat, peer support and information about mental health and wellbeing issues relevant to lawyers.
- Samaritans – if you need urgent help, the Samaritans have a free helpline on 116 123 which is available 24 hours a day, 365 days a year. They also offer email support via: jo@samaritans.org.uk which they reply to within 24 hour
- NHS urgent mental health helplines
Nicola Robinson will ensure that:
- this policy is easily accessible to all employees.
- employees are informed when a particular activity aligns with this policy.
- employees are empowered to actively contribute and provide feedback to this policy.
- employees are notified of all changes to this policy.
This document will be reviewed at least annually by Nicola Robinson.
December 2025
