‘Mental health conditions are disturbances in a person’s thinking, feeling or behaviour (or a combination of these) that reflect a problem in mental function. They cause distress or disability in social, work, or family activities.’

Mental illness is the second-largest source of disease in England. Mental illnesses are more common, long-lasting and impactful than many other health conditions. With this in mind, it is vitally important we adopt into all practices, measures to assist those suffering with a mental illness, where we can. 

In this article we look at a number of important considerations we should consider adopting into our practice.

Listen Carefully and Ask Questions

It is important as with any client, that we understand what it is our client is looking for, and the ways in which we can help them achieve their objective and/or resolve any issues. In order to achieve this, we need to be able to listen to our clients carefully and try to understand why it is they feel a certain way, or would like to achieve a certain objective. 

It is important to be aware that one service does not fit all. We should be taking steps to adapt our services for each individual client, specifically tailored to them, and take steps to address their most immediate concerns. We might consider asking more questions about our clients. If we can understand what it is our clients are experiencing, we can then adapt our services to make it more tailored to them. 

There may be cases where our clients do not feel ready to speak to us about a particular matter. In this situation we should assure our clients that we are available to speak once they are ready.

In any event, it is important that we allocate enough time to get to know our clients, ask them questions and listen to what they have to say carefully.  

Do not make any Assumptions

There are a huge number of mental health illnesses, many that we are familiar with, such as anxiety disorders, depression, and schizophrenia. There are also a number of mental illnesses that we may not be so familiar with, such as Stendhal syndrome, Alien Hand syndrome, and Capgras syndrome. In any case it is important to be mindful that the same type of mental illness may not always affect a person in the same way. Therefore, we should be very careful to ensure that we do not make any such assumptions. This can be achieved by asking the client questions that might include questions about them and their experiences, on both a personal and a professional level, and by listening to their responses carefully. 

Decide Actions Together and Stay Calm

When suffering with an illness we can often feel vulnerable. This heightened vulnerability can lead us to focus on matters we are currently experiencing that are difficult or unresolved. Often when a client arranges to speak to a Solicitor, or instructs a Solicitor to act on their behalf, there is usually something that has triggered their need to come to us for help or advice.  At this time, clients will need reassurance, and trust, that we are able to and will do all we can to provide the best service. 

This can be achieved by checking in with our client on a more regular basis than usual, opt for speaking to our clients via a telephone over sending an email or writing a letter, and setting out some time in order to review the next steps of their matter together.

When taking instructions from a client suffering with a mental illness, we should avoid putting pressure on the client. This can be achieved by setting a pace for the matter from the outset, and continue to review this at regular intervals as the matter progresses.

Where we are responding to the client’s queries, a response should be provided as soon as reasonably possible, and in a calm and coherent manner. Where we are unable to respond quickly then a holding response should be sent to the client so that they feel assured that their matter has not been forgotten. 

By making decisions about the matter together, the client is likely to feel informed and somewhat in control of their matter. Any concerns about the difficult or unresolved matters they may have previously been concerned about are likely to be lessened as they see the matter progressing. 

By speaking to the client in a calm and coherent manner, you will be making it much easier for the client to understand and take in what is being said. In turn, this will also make the client feel happy to know that they have instructed a Solicitor who will get the job done, whilst looking after their best interests, not only professionally but personally too. 

For training or courses designed to help raise awareness and understanding of mental health, contact the Charity, Mind. https://mind.turtl.co/story/elearningbrochure. 

 

With restrictions locally and nationally being very closely monitored by the government, the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force today (28th September 2020).  

The regulations now make it a criminal offence for an individual to breach his/her self-isolation where they have been advised to self-isolate through the NHS track and trace system or where they or someone they live with has tested positive for Covid-19.  The regulations also set out mandatory periods for self-isolation, and a duty to notify the Secretary of State or NHS approved bodies of the names of people in the same household as anyone who has tested positive for Covid-19.

Importantly, there is now also an obligation on a worker to tell their employer that they are self-isolating. 

For employers, regulation 7 makes it an offence to knowingly permit a worker (including an agency worker) to attend any place other than where the individual is self-isolating.   This includes individuals who are required to self-isolate because they live with someone who has tested positive.  So if an employer knows a worker has tested positive (or lives with someone who has tested positive), it is now responsible for stopping the worker from working (unless they can work from home).  Any employer who fails to do so will face a fine, starting at £1,000.

It is advisable for employers to update workers as to the new regulations and ensure everyone knows and understands the new reporting obligations. For any assistance with drawing up Covid-19 policies in line with the new regulations, please contact our Head of Employment, Ilinca Mardarescu.

Nearly two million people in the UK are currently living with sight loss, and by 2050 this number is expected to have more than doubled, with statistics showing 250 people begin to lose their sight every day.  The importance of looking after our eye health is particularly relevant due to it being National Eye Health Week (21-27 September 2020), and as businesses, it is also equally important that we are offering services accessible to all, including those with vision impairment.  Therefore in this article we will discuss how services can be adapted to ensure your business is well equipped to meet your client’s needs.

Before the client appointment

When booking clients in for appointments, it is best practice to ask your clients whether they have any special requirements that they will need in place for their meeting.  It is important to note that it may not be easy to identify if your client has sight loss when they arrive at your office, and therefore being prepared can help put your clients at ease and feel comfortable from the outset.  Look out for clients wearing the sunflower lanyard to show that they may require greater assistance.

Find out how your clients will be arriving and offer any necessary assistance in accessing your office, such as through providing clear instructions on your location and meeting clients at the door to guide them to their meeting room.   Check whether your clients is bringing any assistance to their meeting, such as a relative or guide dog, so that you can prepare your meeting accordingly through arranging extra seating or providing a water bowl for guide dogs etc.

Where possible, you should always offer a home visit for clients with vision impairment, as they may feel more comfortable in a known environment for their meeting.  

Preparing client documentation

Those with sight loss may find it difficult to read documents in the standard format, and it is therefore also important that you check with your clients beforehand as to whether they have any preferences, such as a larger font size, braille, or electronically as they may wish to transfer text to speech.   Inserting the  sentence ‘End of Document’ should be included at the end of all documents, so that the client can be sure there is nothing further to read.

When the client arrives

When assisting a client to their meeting room you should always ask which side they would prefer you approach them on.  Do not just assume a client with sight loss will automatically require guidance, as those with canes or guide dogs may prefer to navigate themselves, and you should therefore always ask the client whether they require assistance first.  

If the client does wish for you to guide them, place your guiding arm in a relaxed position at a right angle to your rib cage, allowing the client to cup your elbow and follow behind you.  Alternatively clients may wish to put their hand on your shoulder instead. 

You should walk at a normal pace, noting any uneven surfaces and any doors or steps etc.  When approaching stairs, place the clients hand on the handrail and let them know when they are at the start and finish of the steps.  Let the client know whether the steps are going up or down, and if there are any breaks in the handrail/steps then ask your client whether they would like your arm again for these sections.

Communicating

Surprisingly only 7% of our communication is purely verbal, and it is therefore very important that we are able to communicate effectively with those that may not be able to clearly see other communication, such as facial expressions etc.  The following tips can help when communicating:-

• When approaching a client you should always let them know who you are.  If you offer your hand, verbalise your movements so that they can be clear you wish to share hands such as ‘Hi, my name’s Rachel, I am just offering you my right hand for a handshake’. 
• You should always face your client, and if others are present, make sure your voice is still directed toward the client rather than straying towards others that are sighted.  This is to ensure that the client does not feel excluded from the meeting even when others have spoken.
• If you and other colleagues are all present during the meeting, you should each say your name before speaking on every occasion so that the client does not become confused.
• Let the client know if you are leaving the room, and also announce when you return. 
• Verbalise your actions so that the client knows what you are doing, for example when you pause to take notes.
• Never distract any guide dogs, and always ask the owner’s permission before petting.

Coronavirus

With the pandemic ongoing, many may be left unsure as to whether they can still assist clients in the manners detailed above, particular in relation to guiding.   Government guidance has recently confirmed that partially sighted people in England can still be guided by people outside of their household.  However to limit risks it is best practice that both you and the client wear masks, hand sanitise before, during and after guiding and try to limit the amount of time spent within 2m of each other.  You should also ensure you have the name and contact number of anyone you have guided so that you can contact them should they need to be traced.

Further Reading

We hope that the above information will help your business take steps to ensure the best service is provided to all clients, if not in practice already.  If you would like to find out more information on how your business can support clients with vision impairment,please see the charity Royal National Institute of Blind People via the following link https://www.rnib.org.uk/services-for-businesses/supporting-blind-and-partially-sighted-customers

The Chancellor, Rishi Sunak, has today (24th September 2020) confirmed that the Furlough scheme will be ending on 31st October, as planned.  He said he felt it important to “move and adapt” and feels it is not beneficial to continue supporting people in jobs which quite simply no longer exist.  

The new scheme announced is one which concentrates on keeping people in work.  The Job Support Scheme (JSS) encourages employers to keep people in work by allowing them to ask their staff to work on reduced hours.  Employees will need to work at least one third of their hours and be paid for that as normal by the employer.  For the remaining (unworked/lost) hours, the employer and the government will each pay the employee a third.   The employee then also foregoes his/her wages for the final third of those unworked/lost hours.   

The scheme is available for all small and medium businesses, but larger businesses will need to show that they have suffered a reduction in revenue before being eligible.  Additionally, employees need not have participated in the Furlough scheme to be eligible to participate in this new scheme.  

The scheme is set to start on 1st November and will last six months. 

No doubt there will be further details published shortly (I anticipate there will at least be a financial cap on the payments).

For any further information or to discuss generally, please contact our Head of Employment, Ilinca Mardarescu.

An estimated one third of the UK work-force can be classed as ex-offenders.  But many employers are still not familiar with how to deal with ex-offenders in the workplace.

Unspent Convictions

A (potential) employee has very little legal protection when applying for work where they have an unspent conviction.  In reality of course, some convictions are spent in prison so the offender would not be applying for an employed role.  However, an offender who has been sentenced to, say, a suspended sentence and a certain number of hours community service falls into this category also.   Theirs would be an unspent conviction and an employer would need to decide whether to offer a role to someone who has an unspent conviction or whether to terminate their employment if they are already employed.

Spent convictions

It is unlawful for an employer to subject you to any ‘prejudice’ because of a conviction if it is now spent (Rehabilitation of Offenders Act (ROA) 1974). In practice, this should not arise very often, as it would be difficult for an employer to discover a spent conviction without a standard or enhanced Disclosure and Barring Service check (which should only be done for roles exempt from the ROA), or through an employee’s own admission.

The Rehabilitation of Offenders Act 1974 (ROA) allows most convictions to be considered spent after a set period of time. Unless one receives a prison sentence of over 4 years or has any type of indefinite order, the conviction will become spent at some point.

Once the conviction is spent, this entitles (potential) employees (for applicable jobs), to portray themselves as somebody who has never been convicted, i.e. it allows employees to “lie” by not mentioned any spent convictions (subject to some specific exceptions).  If a contract of employment asks a prospective employee to disclose their convictions, they are simply not required to disclose any that are spent (see section 4(3) of the ROA). As a general rule, there would be no breach of contract in such situations for failure to disclose.  Indeed, if an employee was dismissed for failing to disclose a spent conviction, they may have legitimate grounds to bring a case of unfair dismissal.

Spent convictions should not be used as evidence in employment tribunals, without the consent of the person concerned and questions should not be asked that would elicit or hint at such information.

Fair dismissals and criminal convictions

Where an employee has been arrested for, or has been charged or convicted with a criminal offence, an important issue for an employer to consider is whether the alleged offence/conviction directly affects an employee’s work. If it does, employers then need to consider whether they genuinely and reasonably believed that the individual was in fact guilty of the offence in question before deciding whether or not to dismiss.  Importantly, a criminal charge or conviction does not, of itself, usually justify unfair dismissal – or indeed even disciplinary action itself. It must affect the employee’s ability to perform their job.

To be regarded as fair, the reason for the dismissal must be for: 

• a reason related to an employee’s conduct;

• a reason related to an employee’s capability or qualifications for the job;
• because a statutory duty or restriction prohibits the employment continuing; or
• some other substantial reason.

The employer must also have acted reasonably in treating that reason as sufficient for dismissal.

Sex Offenders Act 

The Sex Offenders Register contains the details of anyone convicted, cautioned or released from prison for sexual offences against children or adults since September 1997 (when it was set up). 

Under the Sex Offenders Act 1997, as amended by the Sexual Offences Act 2003, all those convicted of sex offences must register with the police within three days of their conviction or release from prison. This is monitored by the police, who receive notification from the courts following conviction, and both the prisons and probation service following the persons release into the community.

Disclosure of Criminal Convictions Act

Head teachers, doctors, youth leaders, sports club managers and others, including landlords, are notified of the existence of an offender on a confidential basis. This information dictates the type of employment that sex offenders can apply for.  Anyone convicted as a sex offender is barred from working with children and the vulnerable.

For any assistance on this or other employment law matters, please contact our Head of Employment, Ilinca Mardarescu