16.05.2024 | 8 min read

Wellbeing at Work: legislation has to be the next step

A call from Chris Cummings, Group CEO of Wellbeing at Work, to focus on legislation as the next step for workplace wellbeing.
Chris Cummings

I was recently listening to the brilliant Working on Wellbeing podcast, by the World Wellbeing Movement, and the episode with Lord Gus O’Donnell motivated me to pen my thoughts around the next step for the global wellbeing at work movement that has developed significantly since the pandemic. Gus has worked under three Prime Ministers as Cabinet Secretary in the UK; he is an economist and his conversation with Sarah Cunningham was a refreshing must-listen.

Whilst we have seen significant strides forward in recent years with organisations developing their wellbeing strategies, I can’t help but notice that the ambition and action has been slightly thawing recently. Significant investments during the Covid years have not impacted our people as we had hoped, and this has rightly raised questions on future spend. My view is that many of these investments were made with the right intentions but, due to the sheer panic and speed of the required decisions and the need to support people quickly, many initiatives were not necessarily implemented with much thought and strategy, and have subsequently not had the desired impact.

In my work with Wellbeing at Work, I see some amazing initiatives taking place in many organisations globally and the differences in cultures, regions and approaches provide us all with some great learnings that we can implement ourselves. Working together as a global community, sharing best-practices, and having a co-ordinated approach to the health of the world must be the right way forward.

I personally feel that no region in the world has got this 100% right yet. I also feel we are sometimes over-complicating the situation. As humans, as Maslow suggested in the 1940’s, we have some basic physical human needs of security, safety, and shelter alongside our psychological needs around purpose, belonging and relationships. I don’t think this is much to ask from an employer, but we all know that this is not the case for many.

We have access to the data, proof, and case studies to demonstrate that a well-thought out and comprehensive wellbeing strategy delivers incredible results, returns and performance. The tinkering around the edges might tick boxes for organisations but doesn’t have the desired results or usage. We need to have impact as this concerns our people’s health.

However, this message is not universally accepted and, whilst I wish the business community could unite around a common ‘carrot’ purpose because it is the right decision for our people and our companies, I propose that it is time to use the legislation ‘stick’. And it is coming!

From a global perspective, The NSW Government in Australia, followed by other states in the country soon after, implemented a legal requirement for employers in 2022 to create a psychosocial safe workplace (and have issued fines in the last 12 months to those who are not complying); in 2019, Mexico introduced new requirements for employers relating to mental health risks in the workplace; and in 2020, with workplace harassment such a major source of wellbeing at work, Puerto Rico was the first and only jurisdiction in the United States to introduce new laws. The UAE has started their roadmap on mental health, with a new law introduced at the end of 2023 that will continue to develop over the coming months. There are many more examples globally.

We are also seeing further developments across the US with 32 states now pursuing legislation to foster psychological safety in the workplace. My prediction is that we will see something similar in Europe in the not-too-distant future, perhaps within the next 18-24 months, as many countries in the block are currently exploring options. I’m always hopeful that my home country, here in the UK, will lead the way too, and recent conversations with those best placed to influence in the right circles, do give me a small glint of optimism.

With at least 64 countries globally, representing nearly half of the world’s population (49%), holding democratic elections in 2024, I see this as a huge opportunity for change. With many of the regions of the world experiencing some of the most challenging world events for decades, healthcare systems not able to cope, some of the worst mental health figures ever recorded, and productivity levels across most countries flat or barely growing, surely now really is the time to act – and act with ambition and purpose.

I’m not necessarily one for legislation, and I know there are many organisations delivering some incredible work in this area without the clout of the law, but when the situation is not improving and sickness absences are growing, what are we going to do to tackle this burgeoning issue? Observing the impact and change that has happened in those countries who have moved forward with legislation has brought me to the conclusion that this must be the time for us all to be bold and ambitious. Simply running a handful of workshops is just not cutting it anymore.

In his podcast, Lord Gus O’Donnell talked about how it would be great if a Prime Minister or Government leader could grab hold of this topic, set out a clear and bold vision and have the courage to make this a strategic priority (this has been a focus in Scandinavia and the results are consistently outstanding). To explore new ways to measure productivity (apart from the dated and non-inclusive GDP) and provide populations with the basic human needs from Maslow, such as security, safety and belonging, to improve a nation’s mental health and wellbeing. Who remembers David Cameron’s ‘Big Society’!

Think about the impact we could achieve with this focus – a highly functioning health system that is not crippled with huge mental health waiting lists, a better world for the next generations, and a happier, more productive workforce that is so desperately needed. I for one, urge leaders and the world to be brave, tackle this once and for all, and I look forward to these developments globally that will result in a happier, healthier world for us all.