Much of the following information is a summary of the key takeaways from the Mental Wellbeing in the Legal Profession: A Global Study by the International Bar Association International Presidential Task Force on Mental Wellbeing in the Legal Profession. Although the original study was created by and for the legal profession, the information provided is applicable to many other industries. For access to the complete report please visit: www.ibanet.org/mental-wellbeing-in-the-legal-profession.
Mental health in the workplace is not a new concept, and it is not a concept new to the World of Work articles. However, the COVID-19 pandemic has thrust mental health and mental wellbeing even more so into the spotlight in the workplace. The World Health Organization (WHO) defines good mental health as a state where:
‘[…]every individual realizes his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.’[1]
The term ‘mental health’ is often used interchangeably with the term ‘mental wellbeing’. In fact, the term ‘wellbeing’ can have a range of different meanings. However, when referring to ‘mental wellbeing’ this article (and affiliated report) is using the term in a manner which equates to the WHO’s definition of good mental health.
From the Global Study referenced above, the key issues contributing to difficulties with mental wellbeing include the stressful nature of the work, intensive work/time demands, poor work-life balance and high levels of pressure. Factors relating to time pressures were most commonly perceived as having a negative impact on workers’ mental wellbeing. However, where bullying and harassment is reported, this appears to have the most detrimental effect. Self-employed professionals are also particularly affected by lack of support and uncertainty.
Further, a stigma around mental wellbeing remains. Nearly half of all the professionals surveyed indicated that a fear of the impact on their career would put them off discussing their mental wellbeing with their firm or organization.
The International Bar Association (the “IBA”) developed a list of key principles that represent the IBA’s first efforts to help meet the challenges posed by focusing on wellbeing in the workplace. These mental wellbeing principles were developed with the legal profession in mind but are useful for all employers who are looking to start focusing on mental wellbeing in the workplace. These principles include:
1. Mental wellbeing matters
Throughout the pandemic, many surveys have been conducted and have shown the stark reality that on the whole, mental wellbeing of workers is suffering.
2. Mental wellbeing is not weakness
Many professions, especially those perceived to be “tough”, have previously held a negative stigma of mental wellbeing. Although this is changing, employers have a responsibility to eradicate this stigma.
3. Raising awareness is fundamental
Many workers feel unable to speak about their mental wellbeing because of stigma attached to the subject, and fears for the impact on their career or professional standing. This needs to change.
4. A commitment to change, and regular continuing assessment, is needed
Knowing the data is the first step, figuring out how to change the statistics is the next step.
5. Policies matter
A simple first step is to develop effective workplace policies that focus on mental wellbeing.
6. Maintain an open dialogue and communication
Once a mental wellbeing policy has been created, it is vital that it is backed up with open dialogue and communication around mental wellbeing.
7. Address systemic problems
There are typically structural and cultural practices that may be problematic for mental wellbeing. These needs to be examined and change for the mental wellbeing policy to truly work.
8. Recognize intersectionalities
Issues of equality, diversity and inclusion have an effect on, and are arguably at the heart of, the mental wellbeing
9. Share good practices
Good practices must be shared between individuals, institutions, sectors, jurisdictions and regional fora, in order to ensure that appropriate and healthy ways of working within the post-pandemic legal profession are disseminated and perpetuated. Worldwide and local gatherings of stakeholders is also vital.
10. Learn from others
It is vital that the work and wisdom of other bodies working in this sphere are, and continue to be, shared and discussed.
[1] World Health Organization, ‘WHO urges more investment, services for mental health’ (2021), see www.who.int/mental_health/who_urges_investment/en/#:~:text=Mental%20health%20is%20defined%20as,to%20her%20or%20his%20community accessed 1 June 2021.