Supporting employees with mental health conditions is not just an ethical responsibility for UK employers; it’s a legal obligation under the Equality Act 2010. As we approach World Mental Health Day on 10th October, it’s crucial for employers to understand what reasonable adjustments are, how they can be applied to mental health, and the steps they should take to comply with UK law while fostering an inclusive and supportive work environment.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made by an employer to remove or reduce disadvantages experienced by employees with disabilities. While this term is often associated with physical disabilities, mental health conditions are equally covered under the Equality Act 2010.

To qualify as a disability under the Act, a mental health condition must:

● Have a substantial, long-term adverse effect on the employee's ability to carry out normal day-to-day activities. “Substantial” means more than minor or trivial, and “long-term” generally means lasting 12 months or more.

Conditions such as depression, anxiety, bipolar disorder, post-traumatic stress disorder (PTSD), and schizophrenia can be considered disabilities if they meet these criteria. Once an employee’s condition qualifies as a disability, the employer has a duty to make reasonable adjustments to help them perform their job effectively and without unfair disadvantage.

Why Are Reasonable Adjustments Important for Mental Health?

Mental health conditions can manifest in various ways, such as difficulties concentrating, communicating, managing workloads, or coping with stressful situations. Reasonable adjustments can help create a supportive work environment that allows employees with mental health issues to manage their condition while maintaining productivity.

Failing to make these adjustments could lead to claims of discrimination under the Equality Act, as well as poor employee morale, reduced productivity, and higher absenteeism rates.

Examples of Reasonable Adjustments for Mental Health

Reasonable adjustments will vary depending on the individual employee’s condition, role, and the specific demands of their job. Below are some common examples of reasonable adjustments that can be made to support employees with mental health conditions:

1. Flexible Working Hours

One of the most common adjustments for mental health is offering flexibility around working hours. Some employees may find traditional 9-to-5 schedules difficult to maintain, particularly if they need to attend therapy sessions or experience fluctuating energy levels due to their condition. Allowing employees to start later, finish earlier, or work reduced hours can help them manage their mental health while continuing to contribute effectively.

2. Remote Working

For some employees, working from home can reduce stress and provide a more comfortable and less overwhelming environment. Remote working may also provide employees with the flexibility to manage their mental health needs more effectively. Employers should consider offering full or partial remote working options to employees with mental health conditions, particularly where commuting or a noisy office environment may exacerbate their symptoms.

3. Adjusting Job Duties

In some cases, certain tasks or responsibilities may be particularly stressful or trigger anxiety for employees with mental health conditions. Employers may need to adjust or reallocate these tasks temporarily or permanently. For example, if an employee’s anxiety worsens when they are required to make presentations, the employer could arrange for a colleague to take on this responsibility.

4. Additional Breaks or Rest Periods

Employees with mental health conditions may need more frequent breaks to manage their stress levels or take time out for mindfulness or relaxation exercises. Employers can offer flexible break schedules, allowing employees to take short breaks when needed, as well as providing quiet spaces where employees can retreat to relax and recharge.

5. Providing Mental Health Support

Employers should consider offering access to mental health support services, such as Employee Assistance Programmes (EAPs) or counselling services. Additionally, having mental health champions or trained first-aiders within the workplace can provide employees with a confidential resource to discuss any concerns and access further help if needed.

6. Phased Return to Work

For employees who have taken extended leave due to mental health issues, a phased return to work can make the transition back into the workplace smoother. This could involve gradually increasing the number of hours worked per week or reintroducing job responsibilities in stages, allowing the employee to adjust at their own pace.

7. Providing Clear Communication and Support

Employees with mental health conditions may benefit from additional supervision or clear communication. Regular check-ins with managers to discuss workloads, challenges, and mental health can ensure that the employee feels supported. Providing clear and manageable tasks, along with regular feedback, can help employees manage their workload without feeling overwhelmed.

8. Training and Awareness for Colleagues and Managers

Sometimes, the best adjustment for employees with mental health conditions is a more understanding and informed workplace culture. Employers should consider offering mental health awareness training for managers and colleagues. This can help break down stigma, encourage open conversations about mental health, and create a more supportive environment for employees.

How to Implement Reasonable Adjustments for Mental Health

To ensure reasonable adjustments are effective and legally compliant, employers should follow these key steps:

1. Open a Dialogue

Employers should encourage open and honest conversations about mental health in the workplace. If an employee discloses that they are struggling with a mental health condition, it’s important to approach the conversation with empathy and without judgement. Employers should ask what adjustments the employee believes would help them perform their role better, rather than making assumptions.

2. Assess the Employee’s Needs

Once an employee has disclosed a mental health condition, the employer should work collaboratively with them to assess their needs. This may involve seeking medical advice or input from occupational health professionals to determine what reasonable adjustments are necessary and appropriate.

3. Consider Practicality and Feasibility

The adjustments must be "reasonable," meaning they should be practical for the employer to implement without causing undue hardship. Factors such as the size and resources of the organisation, the cost of the adjustment, and the specific role of the employee should all be considered. However, the focus should always be on finding solutions that support the employee in managing their condition while performing their job effectively.

4. Monitor and Review Adjustments

Adjustments may need to be reviewed periodically to ensure they continue to meet the employee’s needs. Mental health conditions can fluctuate over time, so what works today may need to be adjusted in the future. Regular check-ins with the employee can ensure that any adjustments remain relevant and effective.

The Legal Consequences of Failing to Make Reasonable Adjustments

Employers who fail to make reasonable adjustments for employees with mental health conditions risk facing legal claims for discrimination under the Equality Act 2010. This could result in significant financial penalties, as well as damage to the organisation’s reputation. Additionally, failure to support employees with mental health conditions could lead to higher rates of absenteeism, reduced productivity, and increased staff turnover.



Conclusion

Reasonable adjustments are a critical aspect of supporting employees with mental health conditions in the workplace. By making these adjustments, employers not only fulfil their legal obligations under the Equality Act 2010 but also create a more inclusive and supportive work environment that fosters employee wellbeing and productivity. As World Mental Health Day approaches, now is the perfect time for employers to review their policies on mental health and reasonable adjustments, ensuring they are doing everything they can to support their workforce.

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 of areas in 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.

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