
Disability harassment
The legal definition of harassment on grounds of disability, who is protected and the first steps you should take if you think you are being subjected to such harassment.
This charter, when followed, will help to ensure that the way work is organised does not cause or contribute to ill-health.
Well-being is one of those phrases which we intuitively understand but may struggle to define. When asked what they thought it meant, some members said it’s “a healthy balance of family, work, rest and social/leisure life.” Others said it’s “a lack of anxiety and a feeling of confidence, contentment and security.” Whatever well-being means to you, most of us sense the absence of it and may describe ourselves as overwhelmed, anxious or stressed when it is absent.
All workload surveys reveal the extent to which demands on the profession and working practices in schools are either causing or contributing to the mental ill-health of school and college staff. Ninety per cent (90 per cent) of teachers surveyed by the union said they were considering leaving the profession because of workload and stress. This is an issue which needs to be dealt with as a matter of urgency. Mental ill-health is not an inevitable part of working life. The mental health charter is intended as a focal point around which staff and school/college leaders may collectively develop tools and strategies specific to their needs and aimed at reducing stress. The charter seeks to ensure that the well-being of staff is reflected in the culture, organisation and management of your school or college.
Research shows that workplaces which have an adverse effect on the mental well-being of workers suffer, among other things, from poorer quality output, lower productivity, higher levels of absence and lower morale. Schools and colleges which make the mental well-being of staff a central feature of their culture, organisation and management are far more likely to deliver the educational outcomes that children deserve.
Remember our working environment is our pupils’ learning environment
It is often the case that anything that is not measured and/or monitored in the workplace is ignored. This probably explains why the well-being of school and college staff is often the furthest from the minds of decision makers. For good mental health to play a central role in the ethos of your school or college it must be embedded in relevant policies and practices. These policies and practices must also be monitored and evaluated to see how well they are being implemented. Throughout this document are examples of policies and practices which may require review to safeguard the well-being of school and college staff
This principle encompasses both physical safety and dignity at work. It requires schools and colleges to monitor, assess and mitigate the risk to staff arising from:
There are various laws which impose on employers a legal duty to ensure that staff are doing their work in a safe way. They include, but are not limited to
The NEU has produced several guidance documents relating to the law on safe working practices in schools and colleges.
Employers have a duty under the Health and Safety at Work Act to provide a safe place of work. An environment in which violence, the threat of violence, harassment and/or bullying is habitual is not a safe environment in which to work. Teachers and other school staff will feel safe at work only if they are confident that management and/or the employer will deal effectively with their concerns. Assuming they have not done so already, school and college leaders should be asked to take the following steps:
The NEU has produced several guidance documents relating to the management of bullying and harassment in a school/college setting.
The Government’s Workload Challenge consultation revealed the extent to which the volume of initiatives from central and local government, as well as Ofsted/Estyn, is contributing to unmanageable workloads and consequently to mental health conditions. Sometimes the excessive demands on staff arise because of the way school/college leaders interpret these initiatives and give effect to them. In other cases, the initiatives themselves give rise to increasing workload because they do not allow sufficient time for new policies and practices to be learnt and embedded in the organisation. In a safe workplace, changes to teaching practice arising from such initiatives are managed, whenever possible, over a reasonable timescale and without adding to overall work demands. Ideally, new tasks should be introduced only after old ones are discontinued.
It is understandable that some school and college leaders feel there is little that can be done to protect staff from the constant onslaught of initiatives from external sources. No one can doubt the immense pressure on headteachers/principals and their staff to produce consistently outstanding results in the face of ever greater challenges. However, there are steps, some more obvious than others, which school/college leaders can take to protect their own mental well-being as well as that of their staff:
This principle encompasses both professional and personal support from colleagues. All colleagues, not just line managers, have a role to play in contributing to each other’s well-being at work. It is well to remember the adage “no one is an island”. We all need to feel that our colleagues value the work we do and the contributions we make to the workplace, just as we value them. Clashes in personality, different perceptions, bullying, prejudice and competitiveness may not always make that possible, but it is the role of school/college leaders and governing bodies to provide a shared vision for the school/college in which every member of staff takes individual and collective responsibility. Below are some suggested steps to building a more collegiate working environment
For more advice on how to support colleagues with invisible impairments refer to the TUC guidance document "You don’t look disabled…"
The very large majority of people can detect from words, body language and atmosphere when they are being judged based on prejudiced assumptions rather than on individual merit. Staff from disadvantaged groups (e.g. women, Black, LGBT+, disabled staff) are aware of what it means to be in a minority (or in the case of women, a disempowered majority) in ways which members of the dominant majority group cannot easily understand. They know when they are not being given a fair deal.
The principle of fair and equal treatment does not contain the expectation that schools, and colleges will be places free of conscious or unconscious bias. That would be an undeliverable goal. Instead, school and college leaders are asked to be live to the issue of conscious and unconscious bias in the workplace, their effect on disadvantaged groups and the steps which may be taken to mitigate them.
The NEU has produced several guidance documents relating to equality, discrimination and harassment in the workplace.
This principle is intended to highlight the importance of clear procedures, roles and responsibilities as a necessary part of mitigating conflict in the workplace. This principle should work together with the principle of support from colleagues.
School and college leaders should:
This principle emphasises the importance of monitoring levels of stress in the workplace and reviewing its effects on the workforce. Persistently high levels of pressure can lead to distress, exhaustion, and a feeling of being overwhelmed. The Health & Safety Executive (HSE) defines work-related stress as: "The adverse reaction people have to excessive pressures or other types of demand placed on them at work." It is counter-productive and not only impacts on the mental and physical wellbeing of school/college staff, but also impacts on the school/college by affecting job performance and productivity, not to mention the financial costs of covering sick leave and recruiting replacement staff.
School and college leaders should be encouraged to build processes in the workplace which assist in the detection of both individual and organisational stress. There are many diagnostic tools available for this purpose, some of which are set out in the following NEU documents (to come):
The NEU Mental Health Charter is intended for use by school and college leaders, as well as staff.
The charter encourages school and college leaders to take steps to ensure that the way work is organised does not cause or contribute to ill-health.
The charter also encourages the use of diagnostic tools to ensure that where work gives rise to ill-health remedial steps are taken at the earliest opportunity.
Without active promotion and scrutiny, however, the charter will not improve the working lives of anyone. Experience shows that where mental health can be made a whole workplace issue, and staff and management cooperate to challenge aspects of work likely to give rise to additional pressure, all parties see the benefit.
A key aspect of successful workplace well-being management is cooperation. To be effective, this cooperation needs to be between management and staff but also between colleagues. Only through such a broad approach can we seek to address the isolation and stigma experienced by staff and arising from workplace stress.
To achieve this, it is insufficient for a union representative, or safety representative to seek to agree the charter with management with no discourse with the membership. Similarly, were management to seek to introduce the charter with no discourse with the workforce any opportunity to truly embed the principles would be missed.
At school and college level therefore, we need to be strategic if we are to win the gains set out in the charter.
DIAGRAM HERE
1. Does your school/college have a policy for tackling stress?
2. Are diagnostic tools used to monitor stress levels? If so, how often are they used and how effective are they?
This will give you an indication of how much work and/or persuading needs to be done.
Take the temperature of the workplace (steps for divisions or school/college reps)3. Is there a desire to promote a healthier workplace? If so, how strong is it? Speak to people on a one-to-one basis first, and if there’s interest, organise a staff meeting.
4. Test the level of enthusiasm for a mental health charter – arrange a meeting with the support of management if possible. If you are a school/college rep, speak to your district first.
5. Is management likely to be uncooperative? If so, discuss how best to progress with your district (if you are a school/college rep).
Take decisive measures (steps for districts or school/college reps)6. If you get positive feedback from colleagues and management start a discussion about the content of the charter. Use existing structures within the school/college to get going (e.g. school group, H&S committee, governing body meetings etc.) and take as many views from as many groups as time will allow.
7. Get the governors on board – use your staff governor to persuade other governors of the benefits of adopting a charter.
8. If you don’t have the support of management, you can develop a model charter with colleagues in your district/branch. Just because your school leaders don’t want to be proactive doesn’t mean other schools in your area will not appreciate your ideas or incites.
The status of the charterThe Health and Safety at Work etc. Act places a responsibility on [insert name of employer] to provide a safe system of work and that extends to protecting the general well-being of staff members. The purpose of this policy is to ensure that [insert employer’s name] commitment to providing a safe system of work is reflected in the culture, organisation and management of [insert name of school/college].
This document should be read in conjunction with all workplace policies, including the following policies:
The [insert name of employer] commits to ensuring that:
Safe workplaceStaff members commit to ensuring that:
Support from colleagues (including managers)Additionally, management commits to:
A complaint may be made through the grievance procedure if a member of staff is not satisfied that the terms of this policy are being met either by other members of staff or by [insert name of employer].
Monitoring and ReviewThe governing body and headteacher/principal will monitor the operation and effectiveness of this policy annually. In developing, applying and evaluating this policy [insert name of employer] will monitor the impact on staff by reference to their protected characteristics. The results of monitoring will be shared with the recognised trade unions.
Below is a summary of additions to the ‘Mental Health at Work’ model policy negotiated by NEU reps and employers.
Tower Hamlets
Safe workplace
Fair and equal treatment
Clear procedures, roles and responsibilities
Personal and social time