Handling Mental Health Disclosures in the Workplace: Employer Obligations under Employment Law in England and Wales

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Introduction

In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination.

This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.

Understanding Mental Health Disclosures

A mental health disclosure refers to an employee voluntarily sharing information about their mental health condition with their employer. It is crucial to recognize that employees are not legally obligated to disclose their mental health condition unless it directly impacts their ability to perform their job or if they require reasonable adjustments. Disclosures may be made during recruitment, while already employed, or as part of an ongoing conversation regarding employee well-being.

Legal Framework

The Equality Act 2010 and the Data Protection Act 2018 provide the legal framework for handling mental health disclosures in the workplace.

Equality Act 2010: Under this legislation, mental health conditions are considered disabilities if they have a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities. Employers have a legal duty to make reasonable adjustments to accommodate employees with disabilities, including mental health conditions.
Data Protection Act 2018: This legislation governs the collection, storage, and processing of personal data, including sensitive personal data such as health information. Employers are required to handle personal data, including mental health disclosures, in accordance with data protection principles, ensuring confidentiality and appropriate security measures.

Handling Mental Health Disclosures Sensitively

Employers should adopt the following practices when handling mental health disclosures:

Confidentiality: Employers must treat mental health disclosures with utmost confidentiality. Only individuals who need to be informed for the purpose of implementing reasonable adjustments or providing support should be made aware of the disclosure. Disclosures should not be shared with colleagues or used for any purposes that could be perceived as discriminatory.
Privacy: Employers should ensure that discussions regarding mental health disclosures are conducted in private settings to maintain employee privacy and dignity. This may involve arranging one-on-one meetings or providing confidential channels for communication.
Non-Discrimination: Employers must avoid any form of discrimination or unfair treatment based on an employee's mental health condition. All decisions regarding employment, promotion, training, or benefits should be made based on an individual's abilities and qualifications, not their mental health status.
Reasonable Adjustments: If an employee discloses a mental health condition, employers have a legal duty to consider and implement reasonable adjustments. This may involve making changes to the working environment, adjusting work hours, providing additional support, or modifying workload to accommodate the employee's needs.

Legal Implications

Failure to handle mental health disclosures sensitively and in accordance with the law can lead to potential legal consequences. Employees who experience discrimination, harassment, or victimisation based on their mental health condition may file claims under the Equality Act 2010. Employment tribunals can order compensation, issue financial penalties, and require employers to implement changes to prevent future discrimination.

Conclusion

In line with UK employment law, employers have a responsibility to handle mental health disclosures sensitively, confidentially, and without discrimination. By creating an environment of trust, respect, and confidentiality, employers can encourage employees to disclose their mental health conditions and seek the necessary support. It is essential to maintain privacy, ensure non-discrimination, and provide reasonable adjustments when required. By fulfilling these obligations, employers can foster a culture of inclusivity, support employee well-being, and promote a positive working environment that benefits both employees and the organisation as a whole.

Article by

Emily Kidd

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Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview relating to aspects of employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

16.11.23

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