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TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession

[ 2 ] [ TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession ]

Contents

Guidelines at a glance 513 Psychological Factors 6Chairperson’s foreword 8Introduction 11Use of the Guidelines 13The suggested implementation framework 14FAQs 20Fact sheet 22

[ TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession ] [ 3 ]


Guidelines at a glance

WhyIt is recognised that all legal workplaces are stressful and it has been shown that legal professionals are disproportionately at risk of suffering from psychological distress and illness.1

Workplace factors have been proven to contribute to this risk,2 causing harm to people’s health and adverse impacts on the organisations that employ them (including absenteeism, ”presenteeism”, staff attrition, and WHS liability risks).

The aimThe Guidelines promote psychologically healthy legal workplaces. The aim of the Guidelines is to assist legal organisations to create workplaces that fulfil each of the Psychosocial Factors, identified by extensive research as critical to psychological health:

Psychosocial Factor A work environment characterised by:Organisational culture

trust, honesty and fairness

Psychological and social support

support for employees’ psychological and mental health concerns

Clear leadership and expectations

employees that know what they need to do and how their work contributes

Civility and respect employees are respectful and considerate of each other

Psychological competencies and requirements

a good fit of interpersonal and emotional competencies and roles

Growth and development

encouragement and support of interpersonal, emotional and job skills

Recognition and reward

acknowledgement and appreciation in a fair and timely manner

Good involvement and influence by staff

employees that are included in discussions about their work and how important decisions are made

Workload management

responsibilities that can be accomplished successfully within the time available

Engagement employees that feel connected to their work and are motivated

Balance recognition of the need for balance between work, family and personal life

Psychological protection

appropriate action is taken to protect employees’ psychological safety

Protection of physical safety

appropriate action is taken to protect the physical safety of employees

HowThe Guidelines are a voluntary framework for legal organisations to utilise.

Signatories are encouraged to implement the Guidelines at their own pace and in their own way; implementation of the Guidelines can be tailored to each individual legal workplace. The Guidelines framework is based on a spectrum of self-motivated improvement.3

The Guidelines framework encourages ongoing improvement within the profession. In time, the Guidelines will assist cultural change and change of attitude; changes in the way we think, speak and act in addressing psychological health and safety.

In turn, the structure, policies and processes of legal organisations will change to match that new attitude and culture. By becoming signatories to the Guidelines, legal organisations are demonstrating that they are leaders in the profession and they are committing to putting psychological safety at the heart of their organisational culture and at the forefront of their minds.

SignThe Guidelines are for every legal organisation. Organisations can become signatories at www.tjmf.org.au.

1. 1 Kelk, NJ, Luscombe, GM, Medlow, S, Hickie, IB (2009) Courting the blues: Attitudes towards depression in Australian law students and lawyers, BMRI Monograph 2009‐1, Sydney: Brain & Mind Research Institute.

2. Shain, M., Arnold, I. & GermAnn, K. (2012) The Road to Psychological Safety: Legal, Scientific, and Social Foundations for a Canadian national Standard on Psychological Safety in the Workplace. Bulletin of Science, Technology & Society, 32 (2) 142‐162, SAGE Publications.

3. See the TJMF Guidelines FAQs in this document, and online at www.tjmf.org.au, for more information.


PF1: Organisational cultureA work environment characterised by trust, honesty and fairness.

a) All people in the workplace are held accountable for their actions

b) People at work show sincere respect for others’ ideas, values and beliefs

c) Difficult situations at work are addressed effectively

d) Staff feel that they are part of a community at work

e) Staff and management trust one another

PF2: Psychological and social supportA work environment where co-workers and supervisors are supportive of employees’ psychological and mental health concerns, and respond appropriately as needed.

a) The organisation offers services or benefits that address employee psychological and mental health

b) Staff feel part of a community and that the people they are working with are helpful in fulfilling the job requirements

c) The organisation has a process in place to intervene if an employee looks distressed while at work

d) Staff feel supported by the organisation when they are dealing with personal or family issues

e) The organisation supports employees who are returning to work after time off due to a mental health condition

f) People in the organisation have a good understanding of the importance of employee mental health

PF3: Clear leadership and expectationsA work environment where there is effective leadership and support that helps employees know what they need to do, how their work contributes to the organisation, and whether there are impending changes.

a) In their jobs, employees know what they are expected to do

b) Leadership in the workplace is effective

c) Staff are informed about important changes at work in a timely manner

d) Supervisors provide helpful feedback to employees on their expected and actual performance

e) The organisation provides clear, effective communication

PF4: Civility and respectA work environment where employees are respectful and considerate in their interactions with one another, as well as with customers, clients and the public.

a) People treat each other with respect and consideration in the workplace

b) The organisation effectively handles conflicts between stakeholders (staff, customers, clients, public, suppliers, etc.)

c) People from all backgrounds are treated fairly in the workplace

d) The organisation has effective ways of addressing inappropriate behaviour by customers or clients

PF5: Psychological competencies and requirementsA work environment where there is a good fit between employees’ interpersonal and emotional competencies and the requirements of the position they hold.

a) The organisation considers existing work systems and allows for work redesign

b) The organisation assesses employee demand and job control issues such as physical and psychological job demands

c) The organisation assesses the level of job control and autonomy afforded to its employees

d) The organisation monitors the management system to address behaviours that impact employees and the workplace

e) The organisation values employee input particularly during periods of change and the execution of work

f) The organisation monitors the level of emphasis on production issues

g) The organisation reviews its management accountability system that deals with performance issues and how staff can report errors

h) The organisation emphasises recruitment, training, and promotion practices that aim for the highest level of interpersonal competencies at work

13 Psychological Factors


PF6: Growth and developmentA work environment where employees receive encouragement and support in the development of their interpersonal, emotional and job skills.

a) People receive feedback at work that helps them grow and develop

b) Supervisors are open to employee ideas for taking on new opportunities and challenges

c) People have opportunities to advance within their organisation

d) The organisation values employees’ ongoing growth and development

e) People have the opportunity to develop their “people skills” at work

PF7: Recognition and rewardA work environment where there is appropriate acknowledgement and appreciation of employees’ efforts in a fair and timely manner.

a) Immediate supervision demonstrates appreciation of employees’ contributions

b) People are paid fairly for the work they do

c) The organisation appreciates efforts made by employees

d) The organisation celebrates shared accomplishments

e) The organisation values employees’ commitment and passion for their work

PF8: Good involvement and Influence by staffA work environment where employees are included in discussions about how their work is done and how important decisions are made.

a) Staff are able to talk to their immediate supervisors about how their work is done

b) People have some control over how they organise their work

c) People’s opinions and suggestions are considered with respect to work

d) People are informed of important change that can impact how their work is done

e) The organisation encourages input from all staff on important decisions related to their work

PF9: Workload managementA work environment where tasks and responsibilities can be accomplished successfully within the time available.

a) The amount of work employees are expected to do is reasonable for their positions

b) People have the equipment and resources needed to do their jobs well

c) Staff can talk to their supervisors about the amount of work they have to do

d) People’s work is free from unnecessary interruptions and disruptions

e) Staff have an appropriate level of control over prioritising tasks and responsibilities when facing multiple demands

PF10: EngagementA work environment where employees feel connected to their work and are motivated to do their job well.

a) People enjoy their work

b) People are willing to give extra effort at work if needed

c) People describe work as an important part of who they are

d) Staff are committed to the success of the organisation

e) People are proud of the work they do

PF11: BalanceA work environment where there is recognition of the need for balance between the demands of work, family and personal life.

a) The organisation encourages people to take their entitled breaks (e.g. lunchtime, sick leave, annual leave, parental leave)

b) Staff are able to reasonably meet the demands of personal life and work

c) The organisation promotes life-work harmony

d) Staff can talk to their supervisors when they are having trouble maintaining harmony between their life and work

e) People have energy left at the end of most workdays for their personal life

PF12: Psychological protectionA work environment where management takes appropriate action to protect employees’ psychological safety.

a) The organisation is committed to minimising unnecessary stress at work

b) Immediate supervisors care about employees’ emotional wellbeing

c) The organisation makes efforts to prevent harm to employees from harassment, bullying, discrimination, violence or stigma

d) People would describe the workplace as being psychologically healthy

e) The organisation deals effectively with situations that can threaten or harm staff (e.g. harassment, bullying, discrimination, violence, stigma, etc.)

PF13: Protection of physical safetyA work environment where management takes appropriate action to protect the physical safety of employees.

a) The organisation cares about how the physical work environment impacts mental health

b) People feel safe (not concerned or anxious) about the physical work environment

c) The way work is scheduled allows for reasonable rest periods

d) All health and safety concerns are taken seriously

e) Staff asked to do work that they believe is unsafe, have no hesitation in refusing to do it

f) People get sufficient training to perform their work safely

g) The organisation assesses the psychological demands of the jobs and the job environment to determine if it presents a hazard to people’s health and safety


Chairperson’s foreword


These Guidelines offer the legal profession a voluntary implementation framework to create sustainable cultural change in the workplace. I urge the managers of every firm and institution (sole practitioners included) to read them, take them up and use them. They will be good for yourself, good for the people working with you (and their families) and good for business. I commend them as a tool for employers and managers to be proactive in supporting a safe and healthy workplace. Every individual, firm and institution will have had some encounter with the damaging effects of psychological ill-health and its sometimes fatal consequences. This is hardly surprising given that more than one in four barristers, one in three solicitors and almost half of all law students are at high risk of suffering a diagnosable mental illness. The good news is that we now recognise this. The not so good news is that many are uncertain about what they can do to help. The Psychosocial Factors and the suggested implementation framework are offered as a well researched and practical way forward.

The Tristan Jepson Memorial Foundation honours the name and memory of a lawyer, actor and beloved son who took his own life. Our goals include raising awareness, disseminating research and medical information and bringing about necessary changes in how to respond to the issue in our legal profession. We acknowledge the great achievements that have been made in recent years in the profession. We also seek to respond to widespread demand for effective tools to assist in moving beyond understanding to effective action.

The TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession are based on 13 Psychosocial Factors that include: organisational culture, psychological support, and clear leadership and expectations. They are based on the Mental Health Commission of Canada’s recommended workplaces standard and have been adopted, with permission,

and adapted by the Foundation for use in Australia, after consulting widely with key stakeholders in the profession. The Guidelines framework is based on a spectrum of self-motivated improvement, where you decide which level best suits your goals and current capacities.

These Guidelines are for every organisation, whether you are a law student , a sole practitioner in a rural or regional setting, a barrister, judge, solicitor in a full service commercial law firm or a boutique law firm, a government agency, legal marketer, human resource professional or non-legal staff involved in the practice and business of law. No one should be left behind when caring for the psychological health of people in our workplaces.

How much are staff turnover, sick leave, ineffective “presenteeism” and disengagement costing legal businesses and keeping them from optimal performance? Research informs us that individual lawyers’ motivation is internal, not just external. Modern practitioners prioritise autonomy, caring, respectful relationships and meaning in their work as paramount concerns. Each legal workplace needs to provide supportive teaching and encouragement while demonstrating how it values its people by its communications and relationships with them. Saying thank you regularly and articulating how a person has contributed to the organisation’s success will be the best no-cost investment ever made.

The Guidelines aim to encourage cultural change and thus to improve the wellbeing of all people in the organisation and, by extension, their families. Such change will impact on psychological health, productivity, willingness to go the extra mile, and it will inform the choices made by persons considering joining the organisation and their reasons for remaining loyal to it. We often hear that more hours at work equals more work, but it is clear that excessive work hours usually lead to lower productivity and an unhappy, less healthy individual. TJMF is often told that staff turnover rates within law firms are high. In an industry where much is invested in recruitment and training, one wonders how much economic and social wastage is involved. Studies show that, to increase staff retention, it is better to keep staff happy, healthy, engaged and motivated.

I urge you to sign up to these Guidelines and let your people know that you have done so.

The Hon Keith Mason AC QC Chairperson, Tristan Jepson Memorial Foundation


IntroductionAs part of the Tristan Jepson Memorial Foundation’s commitment to support psychologically healthy workplaces in the legal profession, we are pleased to introduce the TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession, intended for use by all within the Australian legal profession, including students, sole practitioners, barristers, in-house legal counsel, practitioners within law firms of all sizes, and the judiciary.

The purpose of the Guidelines is to provide a resource for those within the Australian legal profession by using evidence-based approaches to promoting a psychologically healthy workplace. The Guidelines are intended to support lawyers, law firms and others working within the profession to raise awareness of mental health issues, and to understand the initiatives and methods of management that assist in the creation and maintenance of psychologically healthy and supportive workplaces.

The Guidelines have been developed through the work of a Sub-Committee of the Tristan Jepson Memorial Foundation, representing a broad range of people within the profession. They build on a range of international and national activities, including the work of the Mental Health Commission of Canada (MHCC), under the auspices of the Canadian Standards Association and the Bureau de Normalisation du Québec (BNQ), and, in Australia, the Mental Health Alliance.

The Guidelines also recognise the value of providing specific guidance tailored to the particular workplace issues that arise in the legal profession and aim to provide that guidance in a way which reflects the varied nature of the profession, particularly in terms of size and resources. For more information about the Guidelines, please go to the Foundation’s website, www.tjmf.org.au.


The Guidelines are structured around 13 psychosocial factors which will assist organisations in their commitment to the psychological health of their staff.A range of implementation practices are recommended for each psychosocial factor, increasing in stages from Basic, Standard, Advanced to Best Practice.

The Guidelines have been structured to support those working within the legal profession to progressively build programs and initiatives, depending on the resources available, size of workplace and risk profile. The following table sets out a matrix approach with four levels, and assumes that a higher level incorporates the lower levels.

Level DescriptionBasic Has established policies which are intended

to raise awareness of relevant issues. Standard Conducts awareness and education

activities designed to ensure that all staff understand what resources and support are available to them.

Advanced Builds capability at all levels to provide a psychologically safe workplace.

Best practice Measures effectiveness of interventions and responds appropriately to ensure continuous improvement of systems, policies and practices.

How do we demonstrate our commitment to the Guidelines?You may also register your organisation as a signatory to the Guidelines through the Tristan Jepson Memorial Foundation website – www.tjmf.org.au. This will enable you to use the following statement in any promotional material: ”We support the TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession and work to create a psychologically safe workplace for our people.” If your organisation becomes a signatory you will automatically be updated by email on the latest developments in this area as they become known to the Foundation.

Use of the Guidelines

Your organisation can become a signatory today at www.tjmf.org.au


The suggested implementation framework


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sion

al d

evel

opm

ent i

n a

timel

y m

anne

r.Pr

ovid

e: ac

cess

to co

ntin

uing

pr

ofes

sion

al d

evel

opm

ent (

CPD)

to

both

mee

t CPD

requ

irem

ents

and

en

cour

agem

ent a

nd su

ppor

t in

the

deve

lopm

ent o

f the

ir in

terp

erso

nal,

emot

iona

l and

job

skills

. Ed

ucat

e: pe

ople

and

pro

vide

acc

ess

to R

esilie

nce@

law

DVD

mad

e av

aila

ble

as p

art o

f ind

uctio

n.

Esta

blis

h: a

wor

k en

viro

nmen

t in

whi

ch p

eopl

e ha

ve o

ppor

tuni

ties

to a

dvan

ce.

Deve

lop:

a cl

ear s

et o

f co

mpe

tenc

ies

or e

xpec

tatio

ns fo

r pe

rfor

man

ce a

nd p

rom

otio

n.

Esta

blis

h: d

edic

ated

lear

ning

an

d de

velo

pmen

t res

ourc

es

with

in th

e bu

sine

ss.

Deve

lop:

orie

ntat

ion

prog

ram

s pr

ovid

ed a

t ind

uctio

n an

d pr

omot

ion

poin

ts.

Deve

lop:

indi

vidu

al

deve

lopm

ent p

lans

as

an

appr

aisa

l out

com

e w

hich

id

entif

ies

wor

k, e

ngag

emen

t an

d fo

rmal

trai

ning

op

port

uniti

es a

nd w

hich

is

revi

ewed

at l

east

ann

ually

.

Prov

ide:

acc

ess

to

post

grad

uate

stu

dy s

uppo

rt.

Esta

blis

h: a

str

uctu

red

grad

uate

dev

elop

men

t pr

ogra

m (i

nclu

ding

ps

ycho

logi

cal h

ealth

and

re

silie

nce

prog

ram

).

Esta

blis

h: s

truc

ture

d pr

ofes

sion

al d

evel

opm

ent

prog

ram

s (co

verin

g to

pics

su

ch a

s co

mm

unic

atio

n,

peop

le, p

ract

ice m

anag

emen

t an

d re

silie

nce

skill

s).

Prov

ide:

sup

ervi

sors

with

ap

prop

riate

man

agem

ent a

nd

lead

ersh

ip tr

aini

ng.

Esta

blis

h: m

ento

ring

prog

ram

s (fo

rmal

and

/or i

nfor

mal

).

Prov

ide:

acc

ess

to in

tern

al

and/

or e

xter

nal c

oach

ing

Deve

lop:

a cu

lture

of c

oach

ing

to

supp

ort a

nd d

rive p

erfo

rman

ce.

Esta

blis

h: le

ader

ship

pr

ogra

ms

at s

enio

r ass

ocia

te

and

part

ner l

evel

s ru

n at

leas

t an

nual

ly.

Esta

blis

h: a

str

uctu

red

tale

nt

man

agem

ent p

rogr

am to

id

entif

y an

d su

ppor

t gro

wth

of

tale

nt a

t sen

ior a

ssoc

iate

an

d pa

rtne

r lev

el.

Esta

blis

h: in

tegr

ated

pe

rfor

man

ce m

anag

emen

t an

d de

velo

pmen

t sys

tem

s an

d pr

oces

ses.

Mea

sure

: sat

isfa

ctio

n w

ith

grow

th a

nd d

evel

opm

ent

prog

ram

s.

Resp

ond:

to co

ncer

ns a

nd

conf

licts

in a

tim

ely

and

tran

spar

ent m

anne

r.


Guid

elin

esSu

gges

ted

impl

emen

tatio

n fr

amew

ork

Psyc

hoso

cial F

acto

rDe

finiti

onBa

sic

Stan

dard

Adva

nced

Best

pra

ctice

7.

Reco

gniti

on a

nd

rew

ard

A w

ork

envi

ronm

ent

whe

re th

ere

is a

ppro

pria

te

ackn

owle

dgem

ent a

nd

appr

ecia

tion

of p

eopl

e’s

effo

rts

in a

fair

and

timel

y m

anne

r.

Reco

gnis

e: y

our o

wn

achi

evem

ents

.

Esta

blis

h: a

rew

ard

and

reco

gniti

on p

olic

y.

Esta

blis

h: w

orkp

lace

va

lues

whe

reby

peo

ple

are

reco

gnis

ed fo

r the

ir co

mm

itmen

t and

pas

sion

for

thei

r wor

k.

Ensu

re: p

eopl

e ar

e pa

id fa

irly

for t

he w

ork

they

do.

Esta

blis

h: s

ervi

ce re

cogn

ition

aw

ards

(ten

ure

base

d).

Esta

blis

h: p

olic

y w

hich

re

cogn

ises

em

ploy

ees’

effo

rts

and

recu

pera

tion

afte

r per

iods

of i

nten

se w

ork,

by

pro

vidi

ng a

ppre

ciatio

n an

d re

cogn

ition

in th

e fo

rm

of s

pecia

l lea

ve, g

ift ca

rds,

disc

retio

nary

bon

uses

for

long

per

iods

wor

ked

on

mat

ters

.

Educ

ate:

par

tner

s an

d m

anag

ers

to fo

rmal

ly

reco

gnis

e pe

ople

’s ef

fort

s.

Deve

lop:

dis

cret

iona

ry re

war

d po

ols

held

by

man

agem

ent

for s

pont

aneo

us re

war

d of

te

am m

embe

rs.

Deve

lop:

tran

spar

ent

rem

uner

atio

n ph

iloso

phy.

Deve

lop:

rele

vant

indu

stry

be

nchm

arki

ng.

Mea

sure

: eff

ectiv

enes

s of

re

war

d an

d re

cogn

ition

pol

icy.

Resp

ond:

to m

etric

s an

d fe

edba

ck.

8.

Good

invo

lvem

ent

and

influ

ence

by

staf

f

A w

ork

envi

ronm

ent w

here

pe

ople

are

inclu

ded

in

disc

ussi

ons

abou

t how

th

eir w

ork

is d

one

and

how

im

port

ant d

ecis

ions

are

m

ade.

Esta

blis

h: a

n op

en d

oor

appr

oach

/env

ironm

ent t

hat

enco

urag

es p

eopl

e to

pro

vide

in

put o

n de

cisio

ns re

latin

g to

thei

r wor

k w

ithou

t fea

r of

retr

ibut

ion.

Enco

urag

e: fo

ster

ope

n di

alog

ue o

n m

atte

rs o

f co

ncer

n to

em

ploy

ees,

inclu

ding

wor

kloa

d/de

adlin

es.

Deve

lop:

an

intr

anet

site

re

gula

rly u

pdat

ed to

info

rm

peop

le w

hat i

s ha

ppen

ing

in

thei

r firm

.

Esta

blis

h: co

mm

unic

atio

n st

rate

gy re

gard

ing

man

agem

ent/

boar

d de

cisio

ns.

Deve

lop

and

eval

uate

: fe

edba

ck m

echa

nism

to

ensu

re p

eopl

e kn

ow th

eir

inpu

t has

bee

n co

nsid

ered

.

Mea

sure

: leve

l of i

nvol

vem

ent

thro

ugh

staf

f sur

vey.

Mea

sure

: eff

ectiv

enes

s of

co

mm

unic

atio

ns s

trat

egie

s.

Resp

ond:

to m

etric

s an

d fe

edba

ck.

9.

Wor

kloa

d m

anag

emen

tA

wor

k en

viro

nmen

t whe

re

task

s an

d re

spon

sibi

litie

s ca

n be

acc

ompl

ishe

d su

cces

sful

ly

with

in th

e tim

e av

aila

ble.

Esta

blis

h: p

ract

ices

that

pr

omot

e re

gula

r mee

tings

w

ith s

uper

viso

rs to

dis

cuss

w

orkl

oad.

Educ

ate:

sta

ff o

n tim

e m

anag

emen

t and

reso

urce

s av

aila

ble.

Esta

blis

h: fl

exib

le w

ork

arra

ngem

ents

to e

nabl

e st

aff

to w

ork

from

hom

e w

hen

nece

ssar

y.

Esta

blis

h: d

esig

nate

d qu

iet

area

s or

room

s so

sta

ff ca

n ha

ve a

qui

et e

nviro

nmen

t to

wor

k w

hen

nece

ssar

y.

Esta

blis

h: te

am p

lann

ing

mee

tings

to p

lan

wor

kloa

d.

Esta

blis

h: a

wor

kloa

d re

view

pr

oces

s.

Esta

blis

h: g

uide

lines

on

spec

ific a

spec

ts o

n w

ork

and

wor

kloa

d e.

g. F

atig

ue

Guid

elin

es.

Educ

ate:

peo

ple

thro

ugh

trai

ning

on

how

to p

riorit

ise

wor

k.

Mea

sure

: wor

kloa

d m

anag

emen

t and

wor

kloa

d re

view

pro

cess

.

Resp

ond:

to m

etric

s an

d fe

edba

ck.


Guid

elin

esSu

gges

ted

impl

emen

tatio

n fr

amew

ork

Psyc

hoso

cial F

acto

rDe

finiti

onBa

sic

Stan

dard

Adva

nced

Best

pra

ctice

10. E

ngag

emen

tA

wor

k en

viro

nmen

t whe

re a

ll m

embe

rs fe

el co

nnec

ted

to

thei

r wor

k an

d ar

e m

otiv

ated

to

do

thei

r job

wel

l.

Dete

rmin

e: fa

ctor

s th

at co

ntrib

ute

to s

taff

en

gage

men

t and

mot

ivat

ion

(e.g

. aut

onom

y, m

aste

ry,

purp

ose)

.

Deve

lop:

the

orga

nisa

tion’

s vi

sion

and

pur

pose

and

ed

ucat

e pe

ople

abo

ut h

ow

thei

r rol

e co

ntrib

utes

to th

e or

gani

satio

n’s

visi

on a

nd

purp

ose.

Prov

ide

oppo

rtun

ities

to

be in

volv

ed in

the

wid

er

com

mun

ity (e

.g. t

hrou

gh

volu

ntee

r pro

gram

s).

Educ

ate:

all

staf

f on

the

reso

urce

s, se

rvice

s an

d fa

ciliti

es a

vaila

ble

in th

e w

orkp

lace

that

sup

port

sta

ff

wor

k pr

actic

es a

nd w

ellb

eing

.

Fost

er: a

ctiv

e su

ppor

t of s

taff

w

ellb

eing

and

colle

gial

ity b

y m

anag

emen

t.

Deve

lop:

men

torin

g pr

ogra

ms

for s

taff.

Deve

lop:

tale

nt m

anag

emen

t st

rate

gy –

flex

ibili

ty, in

divi

dual

in

cent

ives

, alte

rnat

ive

wor

k ar

rang

emen

ts (a

ll se

xes)

.

Esta

blis

h: re

gula

r mee

tings

be

twee

n m

anag

emen

t and

st

aff.

Esta

blis

h: co

mm

unity

ser

vice

re

cogn

ition

pro

gram

and

op

port

uniti

es fo

r sta

ff to

be

invo

lved

in co

mm

unity

pr

ojec

ts.

Mea

sure

: men

torin

g pr

ogra

m, s

taff

sat

isfa

ctio

n of

inclu

sive

ness

, col

legi

ality

an

d op

timis

m in

wor

kpla

ce,

inclu

ding

mea

surin

g le

vels

of

staf

f eng

agem

ent.

Resp

ond:

to co

ncer

ns a

nd

feed

back

in a

tim

ely

and

tran

spar

ent m

anne

r.

11. B

alan

ceA

wor

k en

viro

nmen

t whe

re

ther

e is

reco

gniti

on o

f the

ne

ed fo

r bal

ance

bet

wee

n th

e de

man

ds o

f wor

k, fa

mily

and

pe

rson

al li

fe.

Esta

blis

h: p

aren

tal l

eave

and

ca

rer’s

leav

e po

licie

s.

Educ

ate:

all

lead

ers

and

staf

f re

gard

ing

polic

y pr

ovis

ions

.

Esta

blis

h: fl

exib

le w

ork

arra

ngem

ents

, pur

chas

ing

flexi

ble

leav

e an

d w

orki

ng

from

hom

e po

licie

s.

Educ

ate:

lead

ers

and

staf

f re

gard

ing

polic

y pr

ovis

ions

an

d th

e im

port

ance

of

bala

nce.

Esta

blis

h, e

duca

te a

nd

prom

ote:

lead

ers

and

staf

f re

gard

ing

the

Empl

oyee

As

sist

ance

Pro

gram

.

Esta

blis

h an

d pr

omot

e:

spon

sore

d ev

ents

(e.g

. sp

ortin

g, co

mm

unity

eve

nts)

.

Deve

lop:

lead

ersh

ip s

kills

re

gard

ing

how

to cr

eate

a

bala

nced

, hig

h pe

rfor

min

g cu

lture

.

Esta

blis

h: w

ellb

eing

pro

gram

th

at p

rom

otes

and

edu

cate

s pe

ople

abo

ut w

ork/

life

bala

nce

and

thriv

ing

in

chal

leng

ing

envi

ronm

ents

.

Esta

blis

h: s

taff

sup

port

op

tions

(e.g

. chi

ld ca

re, h

ome

supp

ort,

etc.)

.

Esta

blis

h: m

ento

ring

prog

ram

fo

r all

staf

f (sp

ecifi

cally

“hig

h ris

k’ o

ccup

atio

nal g

roup

s).

Mea

sure

: eff

ectiv

enes

s of

po

licie

s an

d pr

ogra

ms.

Resp

ond:

to co

ncer

ns a

nd

feed

back

in a

tim

ely

and

tran

spar

ent m

anne

r.


Guid

elin

esSu

gges

ted

impl

emen

tatio

n fr

amew

ork

Psyc

hoso

cial F

acto

rDe

finiti

onBa

sic

Stan

dard

Adva

nced

Best

pra

ctice

12. P

sych

olog

ical

prot

ectio

nA

wor

k en

viro

nmen

t w

here

man

agem

ent t

akes

ap

prop

riate

act

ion

to p

rote

ct

empl

oyee

s’ ps

ycho

logi

cal

safe

ty.

Esta

blis

h: b

ully

ing

and

hara

ssm

ent p

olici

es.

Educ

ate:

all

lead

ers

and

staf

f re

gard

ing

polic

y pr

ovis

ions

.

See

Psyc

holo

gica

l Fac

tor 2

: Fu

rthe

r dev

elop

men

t to

be

unde

rtak

en.

See

Psyc

holo

gica

l Fac

tor 2

: Fu

rthe

r dev

elop

men

t to

be

unde

rtak

en.

See

Psyc

holo

gica

l Fac

tor 2

: Fu

rthe

r dev

elop

men

t to

be

unde

rtak

en.

13. P

rote

ctio

n of

ph

ysica

l saf

ety

A w

ork

envi

ronm

ent

whe

re m

anag

emen

t tak

es

appr

opria

te a

ctio

n to

pro

tect

th

e ph

ysic

al s

afet

y of

w

orkp

lace

mem

bers

.

Esta

blis

h: w

ork,

hea

lth

and

safe

ty (W

HS) p

olici

es

inclu

ding

psy

chol

ogic

al h

ealth

an

d w

ellb

eing

, and

bul

lyin

g an

d ha

rass

men

t pol

icies

.

Educ

ate:

all

lead

ers

and

staf

f re

gard

ing

polic

y pr

ovis

ions

.

Esta

blis

h: W

HS co

mm

ittee

/ac

tion

team

s, fir

st a

id

offic

ers,

fire

war

dens

, etc

.

Educ

ate:

all

lead

ers

and

staf

f reg

ardi

ng k

ey s

afet

y ro

les

and

orga

nisa

tion’

s W

HS g

over

nanc

e m

odel

/

appr

oach

.

Esta

blis

h: re

gula

r saf

ety

audi

ts a

nd le

ader

ship

re

port

ing.

Esta

blis

h an

d pr

omot

e:

spon

sore

d co

re h

ealth

in

itiat

ives

(e.g

. spo

rtin

g an

d co

mm

unity

eve

nts,

inclu

ding

an

nual

flu

vacc

ine)

.

Deve

lop:

sta

ff k

now

ledg

e of

ke

y ph

ysic

al h

ealth

indi

cato

rs

– sl

eep,

die

t/nu

triti

on a

nd

exer

cise.

Spon

sor:

key

heal

th

inte

rven

tions

(i.e

. ann

ual

med

ical

s).

Mea

sure

: eff

ectiv

enes

s of

al

l int

erve

ntio

ns a

nd co

re

met

rics.

Resp

ond:

to m

etric

s an

d fe

edba

ck.

With

the

perm

issi

on o

f the

Can

adia

n St

anda

rds

Asso

ciatio

n, o

pera

ting

as C

SA G

roup

(“CS

A”), a

nd th

e Bu

reau

de

Nor

mal

isat

ion

du Q

uébe

c (“B

NQ”

), and

the

Men

tal H

ealth

Com

mis

sion

of

Cana

da (“

MH

CC”),

mat

eria

l is

repr

oduc

ed fr

om th

e CA

N/CS

A-Z1

003-

13/B

NQ

9700

-803

/201

3 st

anda

rd e

ntitl

ed, P

sych

olog

ical

hea

lth a

nd s

afet

y in

the

wor

kpla

ce -

Prev

entio

n, p

rom

otio

n,

and

guid

ance

to s

tage

d im

plem

enta

tion

whi

ch is

copy

right

ed b

y CS

A, B

NQ

and

MH

CC. T

his

mat

eria

l is

not t

he co

mpl

ete

and

offic

ial p

ositi

on o

f CSA

, BN

Q or

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1. What are the Guidelines?The Guidelines are a free and comprehensive set of resources designed to protect and promote psychological health and safety in the legal workplace. The Guidelines allow employers to effectively assess and address the 13 psychosocial factors known to have a powerful impact on organisational health, the health of individual employees, and the financial bottom line. By utilising the Guidelines to shape your organisaton’s policies, processes, structure and culture, you will work towards a psychologically healthy workplace which is good for your people and good for your businesss.

The Guidelines were developed by researchers from the Centre for Applied Research in Mental Health and Addiction (CARMHA) within the Faculty of Health Sciences at Simon Fraser University on the basis of extensive research, including data analysis of a national sample and reviews of national and international best practices. The relevant research conducted and utilised by CARMA includes:

Shain, M., Arnold, I. & GermAnn, K. (2012) The Road to Psychological Safety: Legal, Scientific, and Social Foundations for a Canadian national Standard on Psychological Safety in the Workplace. In Bulletin of Science, Technology & Society, 32 (2) 142-162, SAGE Publications. DOI: 1177/0270467612455737. The Canadian Standard (CAN/CSA-Z1003-13/BNQ 9700-803/2013 Standard) is available at http://shop.csa.ca/en/canada/occupational-health-and-safety-management/cancsa-z1003-13bnq-9700-8032013/invt/z10032013

Shain, M. (1999). Stress and satisfaction. In OH & S Canada, 15, 3.

Shain, M. (2000). The fairness connection. In OH & S Canada, 16, 4.

2. How do I access the Guidelines?The Guidelines are freely available on the TJMF website: www.tjmf.org.au.

3. Why were the Guidelines developed?In January 2009, the University of Sydney’s Brain and Mind Institute released the ‘Courting the Blues’ report. The report, written by Doctors Norm Kelk, Georgina Luscombe and Sharon Medlow, together with Professor Ian Hickie, involved a comprehensive study of thousands of law students and lawyers from across the country. This study examined the experiences and attitudes of lawyers and law students towards mental ill health and showed that more than 1 in 4 barristers, more than 1 in 3 solicitors and almost half of all law students are at a high or very high risk of suffering from a diagnosable mental illness.

Kelk, NJ, Luscombe, GM, Medlow, S, Hickie, IB (2009) Courting the blues: Attitudes towards depression in Australian law students and lawyers, BMRI Monograph 2009-1, Sydney: Brain & Mind Research Institute.

While resources related to physical health and safety are readily available in most workplaces, unfortunately there are very few resources available to help protect psychological health and safety. These Guidelines were developed to help fill that gap.

All managers need to effectively assess psychological health and safety in their workplace, undertake appropriate interventions, and measure the effectiveness of their actions. It answers the questions ”Where do we begin?” and “Where can we best use our limited resources?”.

4. Why is the Tristan Jepson Memorial Foundation (TJMF) rolling out the guidelines?

TJMF aims to ‘Raise the Standard’ of psychological support in legal workplaces through the newly launched TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession.

5. What are psychosocial factors?Psychosocial factors are elements that impact employees’ psychological responses to work and work conditions, potentially causing psychological health problems. Psychosocial factors include the way work is carried out (deadlines, workload, work methods) and the context in which work occurs (including relationships and interactions with managers and supervisors, colleagues and co-workers, and clients).

6. How were the 13 Psychosocial Factors in the Guidelines determined?

The 13 Psychosocial Factors were determined via a Grounded Theory approach, which involved a thorough review of relevant literature and extensive consultation with Canadian employers, unions and employees. This included the following steps:

– Review of the scientific literature pertaining to workplace mental health.

– Review of relevant Canadian regulatory and case law pertaining to the workplace and psychological safety.

– Formation of an advisory committee which provided input on each step of the development of the Psychosocial Factors . The committee consisted of representatives from the mental health, scientific, union, occupational health and employer communities.

– Consultation with experts in workplace mental health from countries and jurisdictions with well-developed workplace psychosocial risk assessment resources.

– Implementation of focus groups across Canada with key stakeholders – legal professionals, union representatives, small and large employers, employees and researchers – to provide input into the description and relevance of the psychosocial factors.

– Implementation of a national survey amongst a diverse array of informants to gain input into the description and sample questions for each of the 13 Psychosocial Factors.

7. What is a psychologically healthy and safe workplace?A psychologically healthy and safe workplace is one that promotes employees’ psychological wellbeing and actively works to prevent harm to employee psychological health due to negligent, reckless or intentional acts.

FAQs


8. What are some indicators of a psychologically unhealthy and/or unsafe work environment?

The failure to adequately address psychosocial hazards at work is apparent in the escalation of disability claims based on depression or ”stress”, increased reports of workplace conflict, and decreased levels of job satisfaction, health and commitment. These, in turn, lead to reduced performance, higher turnover, increased costs and compromised safety. If they are not dealt with appropriately, the net result may well be loss of customers, productivity and valued employees. On the other hand, proper awareness and attention to ensuring the psychological health of staff will yield enhanced employee engagement and wellbeing and organisational effectiveness and sustainability.

9. Employee well-being is fine, but what about the bottom line. Are the Guidelines good for business?

Absolutely. Psychologically healthy employees are more productive and have significantly lower absenteeism and disability rates. The economic impact of mental health problems on business is estimated at tens of billions of dollars annually, due to lost productivity, accidents/injuries, and short and long-term disability rates. The goal of the Guidelines is to minimize such impacts on an organisation. You can implement the Guidelines with full confidence that you are not only supporting the health and wellbeing of employees but also helping to ensure a thriving and profitable enterprise. This is especially true during difficult economic times when the financial impacts of absenteeism, disability, or legal/regulatory sanctions are more difficult to absorb.

10. Aren’t these Guidelines just for the large firms to implement?

No. The Guidelines have been designed to cater for all parts of the legal profession. They are relevant for the sole practitioner right through to large law firms, Community Legal Centres, barristers’ and judges’ chambers, government and in-house legal departments, law schools and legal organisations.

11. Who can sign up to the Guidelines?All organisations now have the opportunity to sign up to the Guidelines through the TJMF website: www.tjmf.org.au. In return, signatories will be able to display a special TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession logo and advertise themselves as a signatory.

12. How big is the commitment for my organisation? What will we be judged on and does this create any issues for us if we are deficient in areas and will take time to improve?

The Guidelines are a helpful way to focus efforts on achieving positive psychological health outcomes within legal workplaces. TJMF recognises that it may take time for organisations to plan and introduce initiatives, and organisations can do as little or as much as they feel comfortable with.

13. Must I sign up to the Guidelines? Is it the only way?No. The Guidelines are just one way that may help you and your organisation. There is no problem or issue with not signing up, although participating in the Guidelines is a good public demonstration of your organisation’s commitment to employees’ psychological health.

TJMF supports any effort, large or small, which is aimed at the continuous improvement of psychological wellbeing within legal workplaces.

14. Are the Guidelines meant to be a one size fits all?The Guidelines are structured around 13 Psychosocial Factors that should be in place in any organisation committed to the psychological health of its staff. For each psychosocial factor, a range of practices are recommended, from Basic, to Standard, Advanced, and Best Practice.

How much or how little an organisation does is up to that workplace. There are no requirements to be met and the Guidelines serve as a resource to assist organisations in planning initiatives.

15. Do you need to pass any test? Are there prerequisites?There are no barriers to signing up to the Guidelines, and TJMF welcomes all legal organisations that are committed to achieving positive psychological health outcomes in the workplace.

16. Will the goal posts move from year to year?No. The Guidelines will remain unchanged; however additional information and resources will be added.

17. What will happen if we don’t comply?Organisations will not be forced to comply with the Guidelines. They are a tool for use by leaders throughout the profession to support their organisations and employees. How much or how little you comply with the Guidelines is up to you.

18. Can I pick and choose from the Guidelines?Yes. Any positive step forward is encouraged, big or small.

19. Are there reporting requirements and/or compliance through an audit etc?

No. The Foundation is encouraging legal organisations to take the first steps towards improving their workplaces. We will work with your organisation to implement the Guidelines and, in future years, the Foundation will work with signatories to discuss how best to monitor progress toward each organisation’s goals.

20. How much does it cost to access/sign up to the Guidelines?

There is no cost. The Guidelines are freely accessible on the Foundation’s website and organisations can apply to become signatories online at no cost. Simply go to www.tjmf.org.au to access the Guidelines and to sign up!

21. How can I trust the Guidelines are sound? What makes them credible?

The Guidelines are based on the combined research efforts of the Canadian Standards Association, the Bureau de Normalisation du Québec, and the Mental Health Commission of Canada.

The Guidelines are designed to assist employers in the legal sector to achieve the objective of decreasing psychological distress, disability and the causes of depression and anxiety.

22. Are these standards that must be met?No. They are Guidelines which offer a useful framework for your workplace.

They can be adapted to different circumstances and help to identify areas for improvement.

23. Does this effect WHS compliance?No. Workplaces have obligations under WHS law to address risks to their staff’s health and safety. The Guidelines are a tool to help organisations better address and mitigate those issues.


The GuidelinesPart of creating a safe work place is creating a psychologically safe workplace. The Best Practice Guidelines for the Legal Profession are intended to support the profession in raising awareness of mental health issues and understanding the initiatives and methods of management that assist in the creation and maintenance of psychologically healthy and supportive workplaces.

The Guidelines are accompanied by specific guidance tailored to different workplaces, such as law firms of varying sizes, in-house legal teams, courts, community legal centres, and law faculties.

As different organisations will be at different stages of their journey to improve the standard of psychological support provided to employees, the Guidelines provide a range of recommendations across the 13 Psychosocial Factors from Basic to Best Practice.

Further commentary on how to effectively implement the Guidelines will be provided over time as organisations sign up and provide feedback.

Law firms

In-house legal

Law Councils, Societies and Associations

The Courts and Judiciary

Government and CLCs

Law Faculties

Sole practitioners

Barristers’ Chambers


Workload managementEngagement

Psychological protectionBalance


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Clear leadership and expectationsPsychological and social support

Civility and respect




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Best Practice

Advanced

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Strengthening your Workplace in these Critical Areas

Your Organisation can become a 2014/15 Signatory

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Law firms

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Law Faculties

Sole practitioners







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Best Practice

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Standard

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Fact sheet TJMF Psychological Wellbeing: Best Practice Guidelines for the Legal Profession


Law firms

In-house legal



Government and CLCs

Law Faculties

Sole practitioners







10111213






Focus onImprovement


Special TJMF

signatory logo


implementation



logo at tjmf.org.au

Signing is free

ApplyOnline

Best Practice

Advanced

Standard

Basic






Law firms

In-house legal



Government and CLCs

Law Faculties

Sole practitioners







10111213






Focus onImprovement


Special TJMF

signatory logo


implementation



logo at tjmf.org.au

Signing is free

ApplyOnline

Best Practice

Advanced

Standard

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About the Tristan Jepson Memorial FoundationThe Tristan Jepson Memorial Foundation’s is an independent, volunteer, charitable organisation. The Foundation’s objective is to decrease work-related psychological ill-health in the legal community and to promote workplace psychological health and safety.

The Foundation aims to raise awareness, improve education and build effective models of support which focus on psychological wellbeing within the legal education system and the legal profession.

Our purpose is to be an independent “hub” to support all initiatives within the legal profession that aim to decrease the distress, disability and causes of depression and anxiety in the legal profession.

www.tjmf.org.au


We need your helpThe TJMF is a voluntary organisation, and needs your help. If you are currently undertaking, involved with or planning initiatives related to depression and anxiety in the legal profession, please let us know.

For more information on the Tristan Jepson Memorial Foundation, or if you wish to become involved or donate, please contact Marie Jepson at [email protected].

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