header

Issue No:11                

April 2009
 
     "Alone we can do so little; together we can do so much."
Helen Keller
 
You've got to take the bitter with the sour.
Samuel Goldwyn
 
'Treat people as if they were what they ought to be and you help them to become what they are capable of being." - Johann Wolfgang von Goethe
 
"1 in 5 people have dandruff and 1 in 4 people have mental health problems - I've had both"
Ruby Wax
April Issue
Facts about Mental Health and Workplace
Braille - Celebrating 200 years
Interesting Case Law Solitary act of racial harassment wins case
Diversity Dilemmas - Can staff change a colleague's first name if they find the name too difficult to pronounce?
Equality and Diversity Events
About Blue Tulip Training
Events for April
Other Events for April
Facts about Mental Health and Workplace
 
 
The impact of prejudice, ignorance and fear around mental health can be devastating for people, families, communities and society. Stigma may prevent people seeking help when they need it. It stops people with ability getting the jobs they are qualified to do. It can stop people building new friendships and mean they lose existing ones. It can mean that everyday activities that you might take for granted, like going to the pub, shops or gym are impossible.
One in four adults experience mental health problems in any one year. 1 in 50 experience more severe mental health problems. Millions of people across England live in the shadow of one of the last great taboos - mental health problems. This is the social justice issue the 21st century.
 
The facts about mental health and the workplace

About 1 in 6 adults has a severe mental health problem and some estimate that 1 in 2 will experience mental ill health during their lives.
More than one million people claim incapacity benefit for mental health problems.
Mental illness costs society £25bn a year, according to Lord Layard.
3 in 10 employees will experience mental health problems during a single year.
80 million: the number of workdays estimated being lost each year to stress, depression and anxiety.
10%: an estimate of the proportion of GDP lost due to work-related stress.
£9bn: an estimated cost per year of salaries to employers not addressing mental health problems in the workplace.
Only about 20% of people with severe mental health problems are employed, compared to 65% of people with physical health problems and 75% for the whole adult population. Even for people with more common types of mental illness, such as depression, only about half are competitively employed.
In a survey of people who were "out" about their mental health problems at work most people found colleagues to be accepting (65%). However, only half said they had had the support they needed and 13% said they seldom or never had it. Some people reported being patronised by management or monitored more closely than other colleagues.
One third of people with mental health problems say that they have been dismissed or forced to resign from their jobs.
40% say that they were denied a job because of their history of psychiatric treatment and about 60% say they have been put off applying for a job as they expect to be dealt with unfairly.
38%: the proportion of employers who say they would not employ someone with a mental illness.
45%: the proportion of employers who think none of their employees would be suffering from a mental health problem.
8 out of 10: the number of company directors who say their company has no formal policy to deal with stress and mental ill-health and only 14% of those that do felt it was effective.
1 in 3: the proportion of employers who think people with a mental illness are less reliable than other employees.
80%: the proportion of employers who agree that more support is required to improve the way businesses deal with mental health in the workplace.
Sources
Shift
Shaw Trust
Employers Forum on Disability
Sainsbury Centre for Mental Health
Mind
Rethink
Mental Health Foundation
Institute of Employment Studies
CBI
Social Exclusion Unit
"Shunned" by Prof. Graham Thornicroft, Institute of Psychiatry

Source: Stand to Reason 2006 - 2009 
 
 Braille - Celebrating 200 years
 
 
A young boy called Louis invented braille nearly 200 years ago in France. His system of embossed type is now used by blind and partially sighted people for reading and writing all over the world. It has been adapted to almost every known language, from Albanian to Zulu.
 
How does it work?
Braille isn't a new language. It is a code which can be used to translate any language into written form for the blind. This means braille is a worldwide standard used in languages all over the world.

Braille uses a system of raised dots which allow people to read by feeling with their fingertips. The braille code is used to represent words and numbers plus other characters such as punctuation, mathematical and scientific symbols, computer languages and music
 
What does braille provide?
 
Braille provides an "active" reading and writing method for people who cannot access print - listening to audio books is valuable, but passive
Self-study courses are available from RNIB, enabling a would-be learner to make a start even if a teacher is not available
Braille offers a system for labelling all kinds of items (CDs, DVDs, cans and packets of food, medicines, documents, etc), which aids independence and raises self esteem in a person who has lost their sight
Being able to read just 15 braille letters enables a person to play games involving a pack of cards - anything from "Snap!" with the grandchildren to Tournament Bridge
Popular games (such as Bingo and Uno) are available in braille and others can be adapted by the addition of braille labels, enabling a blind or partially sighted individual to join in with family or friends in a wide range of leisure pursuits
A diary and address book can be kept, shopping lists made and messages in greetings cards read independently
Many banks, utilities and other businesses can provide statements, bills and letters in braille, which can provide  a degree of privacy and independence when dealing with your finances
Some restaurants and pub chains offer braille menus
There is a wide choice of magazines, and fiction and non-fiction books available in both grade 1 and grade 2 braille
Braille can be produced manually on a portable hand-frame or notetaker, or on a desktop Perkins brailler. It can also be produced on a computer with translation software and a braille embosser
A "soft braille" display can be linked to a computer to enable a braillist to read what is on the screen.

Source: RNIB

Interesting Case Law -  Solitary act of racial harassment wins case
Dhaliwal v Richmond Pharmacology - Employment Appeal Tribunal

The Case

Ms Dhaliwal worked for Richmond Pharmacology as a project manager and gave one month's notice of resignation in August 2007. During her notice period, Ms Dhaliwal's relationship with her manager became strained. He informed her that her work had deteriorated and that she should work out her notice period in a professional way. In this context, he commented that even after Ms Dhaliwal left the company their paths still may cross, saying (words to the effect of ) "we will probably bump into each other in future, unless you are married off in India".

Ms Dhaliwal, who is Indian, was upset by this remark and lodged a grievance against her employer. The grievance was not resolved to her satisfaction and she issued proceedings at the Employment Tribunal claiming harassment on racial grounds. Her former employer argued that the remark did not constitute unlawful racial harassment.

The Decision

The EAT upheld the Tribunal's decision that the comment violated Ms Dhaliwal's dignity and constituted racial harassment. She was awarded £1,000 for injury to feelings.

The EAT advised that in cases such as this, Employment Tribunals should focus on each constituent element of the statutory definition of harassment, to determine:-
 
Was there unwanted conduct?
Was it on the grounds of race or ethnic or national origin?
Was the purpose or effect of that conduct to violate the person's dignity or create an intimidating, hostile, degrading, humiliating or offensive environment?
If the person felt that their dignity had been violated, was it reasonable to feel this way?
 
There is no need for a 'course of conduct'- commonly held to be two or more instances of harassment - in discrimination cases. One event is enough;
The victim must have felt that her dignity had been violated or an adverse environment to have been created but it must be reasonable for her to do so.
The perpetrator may have no intention to harass but if the effect is to violate dignity or create an adverse environment, then it may be harassment

Applying these principles, the EAT found that, whilst the remark made to Ms Dhaliwal was not intended to violate her dignity, it had the effect of doing so. It rejected the employer's argument that it could not reasonably be perceived as having that effect. The award of £1000 indicated however that this was a "borderline" harassment case.

It needs to be noted that the victim's perceptions are important in this analysis and that the motive of the perpetrator is not always relevant. The decision is also a useful reminder that an isolated or "one-off" act or remark can give rise to a successful discrimination claim. Employers should ensure that their policies address this risk and are widely communicated to all members of the workforce.
 
The EAT's comments apply to all forms of discrimination:

' While it is very important that employers are sensitive to the hurt which can be caused by racially offensive comments or conduct, it is also important not to encourage a culture of hypersensitivity or the imposition of legal liability in respect of every unfortunate phrase.'  
Source: Bird and Bird/ Gotelee and Goldsmith





Diversity Dilemmas - Can staff change a colleague's first name if they find it too difficult to pronounce?
 
 Last month's dilemma:
 
A reader has a sister called Sylvia, named after his grandmother.  Sylvia is in the minority at the catering company, where she works. Other staff are majority Asian. Most of the staff call her Shilpa (after Shilpa Shetty), as they find Sylvia difficult to pronounce; she doesn't mind this and feels included.  However, the reader finds it difficult when he phones to speak to Sylvia and gets the response 'oh you mean Shilpa'. The reader feels uncomfortable that his sister's name has been changed, particularly given the close association he had with his grandmother.
 
Reader cities an example of working with an Indian female colleague; once, when another colleague shortened her name, making it into an English name, there was uproar and the colleague had to apologise.   Reader asks: Do the staff have the right to change Sylvia's name?  Is this racism? 
 
Response
 
It's essentially the element of choice here that matters.  Sylvia likes being called Shilpa and considers it as a compliment that she is being included - this name is not being imposed on her.  As to whether this is racism, staff seem to indicate that they find her name difficult to pronounce but would have persevered if Sylvia had said she wished to called that.  This means that this isn't racism.

At one time, it was considered perfectly acceptable to give people nicknames, particularly among men at school or in the army- Jock for a Scotsman, Shorty, Lofty, Dusty (if your surname was Miller), and so on.  These days this is much less acceptable - generally it wouldn't happen at all, but if the recipient objected it should stop.  There should also be a swift apology; otherwise, or if this continued against someone's wishes, this could be seen as bullying.  Basically, it's to do with showing people appropriate respect.

I once had a client with the same name (Paula) as another colleague - she was asked whether she could use her middle name instead.  Jane did not mind, so when relatives and friends asked for Mary, colleagues would respond oh you mean Jane....  Eventually friends and relatives got used to asking for Jane.  Similarly, when I was at college there were five Carolyns in my tutor group of 25 students.  One of them asked to be called Jane , the others became Carolyn S, Carolyn T and so on.

I think Sylvia's brother actually needs to talk to Sylvia regarding the issue and his difficulties.  Also, many companies have codes of conduct regarding the use of the telephone in work time.  If it's not an emergency perhaps he might call her at home? 
 
 

Equality and Diversity Events 
Blue Tulip Training is hosting a series of regular lunchtime events for HR Practitioners, Solicitors, Managers, designed to provide an update on knowledge, share good practice and pool experiences.
 
Bullying and harassment dilemmas, dealing with discrimination complaints and sharing good practice are just a few of the topics on the agenda.
 
 If you wish to take part, please contact Blue Tulip Training on 01923 467885 - info@bluetuliptraining.co.uk  
About Blue Tulip Training

Its diversity focus has developed into four strands:

 Training - Equality and Diversity, Managing Diversity, Bullying and Harassment

Consultancy - Research based or specific development focus E.g. Conducting diversity audits

Independent, impartial and independent Investigations into allegations of bullying and harassment

Coaching - For staff from a Black or Minority Ethnic background or for managers who wish to implement diversity, good practice and effective working practice.

Our sponsors



Blue Tulip Training is affiliated with Asian Women Enterprise - A networking solution, bringing Asian Women together to share, inspire and motivate

www.asianwomenenterprise.com

Events for April
 
 
Friday 3 March

Rama Navami (Hindu)
This celebrates the birth of Lord Rama, who was an incarnation of Vishnu and the hero of Ramayana. On this day the house is cleaned and decorated, offering of fruit and flowers are places on the family shrine and prayers are recited.

Sunday 5 April

Palm Sunday (Christian)
 
The most solemn week of the Christian year, Holy week, is the week leading up to Easter and is the week during which Christians particularly remember the last week of Jesus's life. Holy week begins on Palm Sunday.

Thursday 9 April

Hanuman Jayanti (Hindu)
This is to celebrate to commemorate the birth of Hanuman Ji,an embodiment of Lord Rama the monkey god. Hanuman is the symbol of strength and energy.  Devotion and selfless work are encouraged.

Pesach/Passover - The Festival of Freedom (Jewish)
This is one of the most important festivals, as it commemorates the liberation of the Children of Israel who were led from Egypt by Moses. It celebrates the deliverance from slavery of the Jewish people in Egypt and the ongoing struggle of all people for freedom from tyranny. This celebration lasts for 8 days. Before celebrations can begin, the house must be cleaned from top to bottom. The day before Passover the first born male fasts on this day. During the first 2 nights of Passover family and friends gather for ritual Seder meals.

Maundy Thursday (Christian)
This is the Thursday before Easter. Christians remember it as the day of the Last Supper, when Jesus washed the feet of his disciples and established the ceremony known as the Eucharist. The Eucharist, also known as the Communion Service, is when Christians share bread and wine as reminders of Jesus' death and of his resurrection. The night of Maundy Thursday is the night when Jesus was betrayed by Judas in the Garden of Gethsemane. The word "maundy" comes from the command given by Christ at the Last Supper, that we should love one another.
 
Theravadin New Year (to 12 April)  Buddist
The Buddhist New Year depends on the country of origin or ethnic background of the people. In Theravadin countries (Thailand, Burma, Sri Lanka, Cambodia and Laos) the New Year is celebrated for three days from the first full moon day in April.
Friday 10 April
 
Good Friday (Christian)- Bank Holiday 
The most important events in Christianity are the death and resurrection of Jesus Christ, the Jewish prophet who Christians believe is the Son of God, whose life and teachings are the foundation of Christianity. Good Friday is the Friday before Easter and it commemorates the execution of Jesus by crucifixion. Good Friday is a day of mourning in church. This is a solemn Christian remembrance of the suffering and crucifixion of Jesus Christ. Hot cross buns are traditionally eaten on Good Friday, the cross on top of the buns symbolising Christ.
 
Sunday 12 April
Easter Sunday (Christian)
This commemorates the resurrection of Jesus Christ. It is the most important Christian festival and the one celebrated with the greatest joy. The date of Easter changes each year and several other Christian festivals fix their dates by reference to Easter. Churches are filled with flowers and there are special hymns and songs. But not all Easter customs are Christian, some, such as the Easter Bunny and the name Easter, are Pagan in origin.
 




 
Monday 13 April
Easter Monday is a bank holiday in England, Wales and Northern Ireland, but not Scotland.  In some places, there are egg rolling competitions, Easter bonnet parades, displays of traditional Morris dancing fairs or special sports matches. In Biddenden, Kent, special cakes are distributed in memory of conjoined twins born in 1100, who lived to the age of 34. In Leicestershire, the villages of Hallaton and Medbourne hold a bottle kicking match. It has been held at least since the early 18th century, but it may originate from pagan times.

Vaisakhi/Baisakhi - New Year (Sikh)
This is the Sikh New Year Festival and also the date when the Khalsa and the 5 K's were introduced in 1699 by Guru Gobind Singh. Vaisakhi marks the beginning of a new solar year and harvest season. Khalsa Day commemorates the baptism in 1699 of five brave Sikhs who offered to give their lives for their faith.
Tuesday 21 March
 

Yom Hashoah - Holocaust Memorial Day (Jewish)

This day has been established to remember the six million Jews killed by the Nazis between 1933 and 1945. It is observed by many people of Jewish and other faiths.

Thursday 23 March
St George's Day 
St George is the Patron Saint of England and his emblem is a red cross on a white background.
Saint George  was martyred in the 4th century and became an ideal of martial valor and selflessness.
 

Other Events for April
 
1 - New Year Assyrian
4 - Independence Day Senegal
14 - Sinhala and Tamil New Years Day Sri Lanka
17- -National Day Syrian Arab Republic
18 -  National Day Zimbabwe
25 - Anzac Day Australia
26 - Union Day Tanzania
27 - Independence Day Sierra Leone
27 - Freedom Day South Africa
27 - Togolais National Day Togo
29 - Yom Ha'atzmant Independence Day Israel