Boasting above-average wellbeing and vitality scores—not just in the region but across the globe—the UAE has set a precedent for how nations and their leading actors should tackle health and wellness challenges. Just this year, the government enacted its new Mental Health Law (Federal Law No. 10/2023) designed to better support those struggling with mental health issues by outlining their rights and protections against discriminatory actions. Specifically, the new law provides a concrete definition of what constitutes ‘mental health,’ or a lack thereof (mental health, according to Article 1, is a state of psychological and social stability allowing individuals to pursue their goals and overcome challenges, whereas mental illness is defined as ‘any disturbance in thinking, mood, behavior, perception, memory, or other mental abilities’ that inhibits their ability to accomplish such tasks and maintain psychosocial wellbeing), and delineates how persons with mental health issues are to be treated at work—putting pressure on employers to enhance their wellbeing strategy.

Impact on Employers: How Organizations Can Respond

In the wake of the law’s enactment, many employers across the region are likely wondering how these new provisions affect them, and how they can best respond. Under Article 9, the Law maintains that persons with mental illness are lawfully protected against “restrictions” on their employment due to their mental condition, which includes demotion and termination. But beyond those two actions, the Law is not explicit about how employers may go about creating a fair and more inclusive work environment for these employees. Nevertheless, there are five simple yet impactful steps that local employers can take to create a psychologically safe workplace.

1. Review internal policies and procedures to ensure compliance

Starting, perhaps, with the obvious, the first step employers can take when responding to this new law is ensuring that all internal policies and standard operating procedures are compliant with the law. To do so, employers may review current anti-discrimination and harassment policies, equal employment opportunity policies, privacy policies, and all those related to employee rights, workplace safety, reasonable accommodations, and the like to confirm that they entail explicit clauses pertaining to the rights, privileges, and eligibility of employees with mental illness in accordance to the definitions provided within the new law.

By establishing internal regulations regarding the treatment of this group of employees, employers can ensure that all staff are prepared to adhere to the new guidelines and respect the rights and dignity of psychologically distressed colleagues. This not only protects the welfare of existing employees struggling with mental illness, but also helps to create an environment free from conditions that could cause mental distress in others, such as interpersonal conflicts with peers and apathetic management.

2. Consider how well current monitoring practices identify signs of risk and make changes as needed

The second most important step that employers can take to ramp up their workplace’s psychological safety and their commitment to employee wellbeing is assessing how well current monitoring strategies are able to identify signs of ill-health or psychosocial risk at work, and in a manner that allows for prompt intervention. An unseen problem is an inevitable one. If employers don’t know who is at risk or impacted by poor mental health; if they don’t know what is causing employees psychological harm or why, then they won’t be able to provide the right employees with the right support, consequentially failing to adhere to the clause that protects employees against restrictions of any kind.

Put simply, if employees go unsupported, and their mental health challenges go unabated, then they simply cannot perform at their best. If their employers can neither identify who these employees are nor mitigate the harm posed to them at work, then they have failed to respect the rights laid out by the new law and could be subject to litigation.

Conversely, by establishing effective ways of monitoring for signs of risk or hazard, employers can greatly improve their chances of responding to psychosocial risks in a timely manner, preventing cases of ill mental health, and maintaining strong employee wellbeing across the organization. Moreover, with respect to their newfound responsibilities and duty to care for employees impacted by poor mental health, better monitoring methods also ensure that employers do not unwittingly create or perpetuate inequitable workplace conditions or wrongfully terminate someone due to circumstances related to their mental state.

As Yara Kamel, Clinical Success Coach at Workplace Options, explains, “mitigating psychosocial risks is crucial to preserving employees’ mental health and adhering to the new law. Stress, poor relationships at work, and a lack of control can impact mental health, undermine psychological stability, and impair performance and productivity. Recognizing and addressing these challenges can help prevent mental health issues from snowballing and help employees maintain their resilience and wellbeing at work.”

3. Establish and maintain open, two-way dialogue with employees about mental health

Akin to effective monitoring and employee listening strategies, maintaining open, two-way dialogue with staff about mental health topics and concerns is essential to cultivating a psychologically safe environment that serves not only to protect the wellbeing of those struggling with mental health but also to safeguard employees from the threat of ill mental health. Establishing routine check-ins, whether for teams or one-on-one; taking time at the start or end of meetings to genuinely inquire about how employees are doing; posting tips or quick facts across intranet platforms are just some simple but effective ways that organizational leaders can start an ongoing dialogue about mental health at work.

To underscore the authenticity of such conversations and reinforce the organization’s commitment to employee health and wellbeing, leaders may also share stories about their own experiences with mental illness or related issues. Doing so can inspire otherwise silent sufferers to speak out about their issues while encouraging others to empathize with their peers. Ultimately, by starting the conversation, employers can ensure that positive, meaningful discussions about mental health lead to positive, meaningful action, and therefore to positive and meaningful change.

4. Train leaders, line managers, and supervisors on how they can best protect employees’ mental health and respond to raised concerns

When it comes to starting a productive, helpful conversation about mental health at work, training may be needed to first ensure that line managers and supervisors who will ultimately be leading the charge understand what it is that they are talking about. This may include sessions for managers on how to recognize and respond to common mental health concerns, and how to approach at-risk employees in a way that is respectful of their privacy while also lending support if needed. Training sessions on the importance of non-judgmental responses, neutral body language, and active listening can also prepare managers to engage in clear, direct, and meaningful dialogue with their teams about mental health.

Likewise, instructing managers on what to do if they perceive signs of risk, how they can signpost staff to the right support, and how they can provide fair and reasonable accommodations are all essential ways in which employers can ensure that the organization fulfills its duty as outlined in the Mental Health Law and establishes itself as a safe place to work.

“Managers and leaders play a crucial role in supporting employee mental health,” Kamel asserts. “When they are well-informed and trained to address mental health needs, they can identify early warning signs, offer appropriate support, and foster a safe and empathetic work environment.”

“Manager preparedness is especially important when crafting a strategy that meets the requirements of the new law,” she explains, “as managers are often the first, and sometimes only, individuals employees confide in during times of distress.”

5. Provide comprehensive wellbeing support to promote employees’ self-management of their health and wellbeing

Perhaps the best way to guarantee workers are protected against “any restrictions” on their employment or ability to pursue their goals or accomplish tasks is to provide them with the resources they need to swiftly and fully overcome any psychological challenges and maintain their mental wellbeing. As the law indicates, ‘mental health’ is a composite of various wellbeing components, including psychological, social, spiritual, and physical health. Therefore, to satisfactorily address mental health issues and prevent future challenges, employees need access to holistic support that addresses every dimension of their health. This approach enables employees to simultaneously improve different aspects of their health—and from a unified starting point—thereby expediting their recovery.

“Our mental health does not exist in a vacuum,” Kamel contends. “Our physical wellbeing, our relationships, our socioeconomic status, our employment status—all these variables have a significant impact on our mental state. By looking at the bigger picture and providing holistic support that reflects this wider image, employers can empower staff to better manage stress, maintain a healthy lifestyle, and sustain long-term wellbeing.”

Getting Started: How Workplace Options Can Help

To provide such holistic support—and to access the counseling, monitoring, and training solutions needed to tackle all five steps as part of a successful, integrated strategy—employers need look no further than Workplace Options (WPO) for help.

With access to human-centered wellbeing solutions ranging from counseling, mindfulness programs, and wellness coaching, to manager assist, leadership training, and a comprehensive catalogue of global learning solutions, employers can tackle the issue of mental health from all sides, ensuring that employees’ mental health is supported, that those struggling with mental health conditions are treated equally and respectfully at work, and that all staff come together to create a community of care, consideration, and kindness—one in which all are in good standing psychologically and socially to pursue their ambitions and put their all into everything they do.

More importantly, by partnering with WPO’s new consulting group, employers can ensure that such efforts are compliant with the new Mental Health Law and are set up for success.

As Kamel points out, “While the penalties provide a strong incentive to comply with the law, many organizations—especially smaller ones—may still face challenges in meeting these new regulations. They may lack the internal resources to train managers or update performance management processes to meet legal standards. Additionally, understanding what constitutes a ‘reasonable accommodation’ for employees with mental health conditions can be difficult, as well as ensuring confidentiality.”

“Our consulting group can help employers navigate these new requirements by providing practical guidance, training, and support to ensure organizations stay compliant while delivering an effective wellbeing strategy for their workforce.”

For more information about Workplace Options and how it can help organizations address mental health, head to our website or contact us.