Not factoring mental health into health and safety protocols could land employers in legal hot water

Not factoring mental health into health and safety protocols could land employers in legal hot water

Podcast

Not factoring mental health into health and safety protocols could land employers in legal hot water

Podcast

00:00 00:00

Download MP3

Kgodisho emphasised that employers must carefully navigate decisions when an employee's mental health affects their capacity to perform their job. It is crucial for employers to follow the correct protocols to ensure these decisions are legally and ethically sound.

Firstly, Kgodisho highlighted that employers are required to investigate the employee's condition, provided the employee discloses their mental health challenges—especially when these are not immediately apparent.

Secondly, a fair consultation process must follow. This involves the employer assessing the information provided by the employee, exploring potential accommodations, considering alternative roles, and evaluating the prognosis of the mental health condition.

Thirdly, employers should determine whether reasonable accommodations can be made. For instance, adjustments to the employee's duties may help align their role with their capabilities.

Finally, Kgodisho explained that if accommodations and alternatives are not feasible, the employer may need to initiate an incapacity process. This formal procedure could ultimately result in the termination of employment, but only as a last resort.

Click here to listen to the interview.