The UK Psych Health and Safety Podcast

Wellbeing Fluff or Legal Requirement? - With Roy Magara

Episode Summary

For the 50th episode of the Workplace and Wellbeing Podcast, Sheila Lord is speaking to Roy Magara. Roy is an employment solicitor advocate for Magara Law which represents both employers and employees in cases surrounding mental health and wellbeing in the workplace. They discuss mental health and safety at work, case law surrounding harassment, constructive knowledge and foreseeability, and what companies can do to harbour a healthier workplace environment.

Episode Transcription

Episode Summary

In Episode 50 of the UK Psych Health and Safety Podcast, we discuss with employment solicitor advocate for Magara Law, Roy Magara about the importance of good mental health and wellbeing practice in the workplace. ]

Roy shares his experience and vast legal knowledge surrounding the caveats in UK managerial practices with host Sheila Lord.

Citing case law such as Helen Green vs. Deutsche Bank and Barber vs. Somerset, in which concepts of constructive knowledge and foreseeability come to the forefront of the legality surrounding the increasing importance of employers assuming liability for employees’ workload, mistreatment, and workplace discrimination. Following legislation such as the Employment Rights Act, Protection from Harassment Act, and the Health and Safety at Work Act, Roy drives home the disconnect that many see between tangible, physical health and less visible mental health issues at work.

We discuss the approaches that employers should take in order to achieve an authentically healthy workplace in terms of staff wellbeing, rather than employing a box-ticking ethos to creating open and fearless relationships between employees and employers.

We also look at the importance of fostering a consistent, collaborative, and consultative practise which involves top-down, bottom-up regular checking in with workers to create an environment in which staff can voice grievances to managers without fear of disciplinary action, discrimination, or settlement agreements. Instead of outwardly impressive reports that in reality do not reflect a psychologically healthy workplace,

Roy also explains how employers can bring about a safe work environment through regular open engagement with employees to avoid reaching preventable crisis points.

HIGHLIGHTS

Being proactive about mental health at work (00:03:26)

Mental health and current legislation (00:05:58)

Bullying, harassment, and the employer (00:09:20)

The employer’s duty of care (00:10:26)

Constructive knowledge and foreseeability - the potential pitfalls (00:13:35)

Keeping it consistent, collaborative, and consultative (00:13:35)

Beyond tick box compliance (00:19:50)

The importance of training for management (00:23:02)

The rise and rise of stress in the workplace (00:25:13)

Dealing with Claims equitably (00:27:05)

The evolving workplace and a framework to minimise crises (00:31:06)