Supporting Mental Health in the Workplace: A Legal Framework for Employers 

Mental health is an increasingly important issue in the workplace, affecting employees’ wellbeing, productivity, and overall satisfaction. As more employees speak up about their struggles, UK employers must ensure they are providing a supportive environment while adhering to legal responsibilities. The legal framework surrounding mental health in the workplace is clear, but understanding how to apply it practically is key to preventing discrimination and promoting a healthy work culture. With World Mental Health Day on 10th October, now is the perfect time for employers to review their obligations and strategies for supporting mental health in the workplace. 

The Importance of Mental Health in the Workplace

The impact of mental health on the workforce is significant. In the UK, work-related stress, anxiety, and depression accounted for 914,000 cases of ill health and 17 million working days lost in 2021-2022, according to the Health and Safety Executive (HSE). Poor mental health not only leads to absenteeism but also reduces productivity and morale. 

Supporting mental health is therefore essential not only for employee wellbeing but also for maintaining a productive and resilient workforce. Employers must navigate the legal framework surrounding mental health to ensure they meet their obligations while creating a supportive environment. 

Legal Obligations for Employers 

Several pieces of legislation govern how UK employers should manage mental health in the workplace. Understanding these legal requirements is the first step toward providing appropriate support. 

The Equality Act 2010
The Equality Act 2010 prohibits discrimination based on disability, which includes mental health conditions. A mental health condition is considered a disability if it has a “substantial” and “long-term” adverse effect on a person’s ability to carry out normal day-to-day activities. “Substantial” means more than trivial, and “long-term” generally means lasting 12 months or more.

Under this Act, employers must: 

• Ensure employees with mental health conditions are not treated less favourably than others. 
• Make reasonable adjustments to accommodate employees with mental health conditions, ensuring they can perform their job effectively. 
• Prevent harassment or victimisation of employees with mental health conditions. 

Conditions like depression, anxiety, bipolar disorder, and post-traumatic stress disorder (PTSD) can all be considered disabilities under the Act if they meet the criteria. 

The Health and Safety at Work Act 1974
Employers have a general duty of care under the Health and Safety at Work Act 1974 to ensure the health, safety, and welfare of their employees. This includes mental health. Employers must assess risks to mental health, such as workplace stress, and take appropriate steps to mitigate these risks. Failure to do so could result in legal action if the employer is found to have neglected their duty of care. 

The Management of Health and Safety at Work Regulations 1999
These regulations require employers to conduct regular risk assessments, including mental health risks, and implement measures to reduce or eliminate those risks. Employers should assess factors such as excessive workloads, lack of control over tasks, poor communication, or lack of support, all of which can contribute to poor mental health. 

The Employment Rights Act 1996
This Act provides protection for employees who face unfair dismissal due to mental health issues. Employers must ensure that employees are not dismissed without first exploring reasonable adjustments or providing adequate support for their mental health condition. If an employer dismisses an employee due to mental health issues without proper cause, in addition to being an act of discrimination under the Equality Act 2010, this could be treated as an unfair dismissal. 

Reasonable Adjustments for Mental Health 

One of the key legal obligations for employers is making reasonable adjustments to help employees with mental health conditions perform their work effectively. Reasonable adjustments are changes to the workplace or working practices that remove barriers faced by employees with disabilities, including mental health conditions. 

Examples of reasonable adjustments for mental health include: 

• Flexible Working Hours: Allowing employees to adjust their start and finish times, or work remotely, can help them manage stress or anxiety. 
• Reduced Workload: Adjusting workloads to avoid overwhelming the employee can help them manage their condition while remaining productive. 
• Providing Additional Breaks: Offering more frequent or longer breaks can allow employees to manage their mental health more effectively throughout the day. 
• Clear Communication and Supervision: Regular check-ins and clear communication about tasks and expectations can help reduce stress and anxiety. 
• Phased Return to Work: For employees returning after a mental health-related absence, a phased return to work, gradually increasing hours or responsibilities, can ease them back into the workplace. 

Employers should discuss with the employee what adjustments would be most helpful for their condition, as what works for one person may not work for another. It’s essential that the adjustments are tailored to the individual’s needs. 

Creating a Supportive Workplace Culture 

Beyond legal compliance, employers should strive to create a culture where mental health is openly discussed and supported. This involves fostering an environment where employees feel comfortable speaking about their mental health without fear of discrimination or stigma. 

1. Encouraging Open Conversations
   Employers can encourage open conversations about mental health by normalising discussions around mental health issues. This could include offering mental health awareness training, appointing mental health champions within the organisation, or holding regular check-ins where employees can discuss any challenges they are facing. 
2. Offering Mental Health Resources
   Providing access to mental health resources, such as Employee Assistance Programmes (EAPs) or counselling services, can give employees a confidential avenue to seek support. Employers can also distribute information about mental health helplines, support groups, and therapy services. 
3. Mental Health Training for Managers
   Managers play a critical role in supporting employee wellbeing. Offering mental health first aid training can help managers identify the early signs of mental health issues and understand how to provide appropriate support. This training can equip managers with the skills to have sensitive conversations and guide employees to the right resources. 
4. Promoting Work-Life Balance
   Employers should promote work-life balance as a key component of mental health support. This includes encouraging employees to take regular breaks, use their annual leave, and avoid excessive overtime. Promoting a healthy work-life balance can prevent burnout and reduce stress. 

Managing Mental Health-Related Absences 

Mental health-related absences should be handled with sensitivity and in line with legal obligations. Employers should maintain open communication with employees during their absence, offering support and a clear plan for returning to work. A phased return to work or reduced responsibilities upon return can make the transition easier and reduce the likelihood of further absences. 

Employers must ensure that absence management policies do not inadvertently discriminate against employees with mental health conditions. Automatically triggering disciplinary action after a set number of absences, without considering the reasons behind them, could lead to discrimination claims. 

Legal Consequences of Failing to Support Mental Health 

Failure to comply with legal obligations regarding mental health can lead to serious legal consequences for employers, including: 

• Discrimination Claims: If an employer fails to make reasonable adjustments for an employee with a mental health condition, or if the employee is treated less favourably because of their condition, this could result in a discrimination claim under the Equality Act 2010. 
• Unfair Dismissal Claims: Dismissing an employee due to mental health issues without providing adequate support or exploring reasonable adjustments could also lead to a claim for unfair dismissal. 
• Personal Injury Claims: If an employee’s mental health is harmed due to negligence or failure to manage workplace stress, the employer could face a personal injury claim. 

Conclusion 

Supporting mental health in the workplace is both a legal obligation and a moral responsibility for employers. By adhering to the legal framework provided by the Equality Act 2010, the Health and Safety at Work Act 1974, and other relevant legislation, employers can ensure they meet their obligations while fostering a supportive and inclusive workplace. As World Mental Health Day approaches, it is an ideal time for employers to review their mental health policies and take proactive steps to create a healthier, more supportive work environment for all employees. 

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.

10.10.24