Summary
- Employers owe a legal duty of care for employees’ health, safety and wellbeing, including mental health.
- A mental health condition can be a disability under the Equality Act 2010.
- Where it is, employers must avoid discrimination and make reasonable adjustments.
- This guide explains supporting employees with mental health problems for businesses in England and Wales.
- LegalVision’s business lawyers specialise in advising clients on employment and workplace wellbeing law.
Tips for Businesses
Treat mental health as seriously as physical health. Train managers to spot early signs and start supportive conversations. Put a clear mental health policy in place. Offer reasonable adjustments, such as flexible hours or extra breaks. Hold regular one-to-ones and signpost staff to professional support.
As an employer, you have likely had to handle the occasional sick leave request from your employees. The illness is possibly one they may openly speak about that affects their physical health, such as having flu or a stomach bug. However, there are some health problems that your employees may not be so open about, such as mental health problems. With the COVID-19 pandemic taking over much of our everyday lives, most of us are aware of its impact on mental well-being. According to the UK Government, employers are faced with costs of between £33 billion and £42 billion each year due to poor mental health.
Therefore, it is essential to be aware that your employees may be suffering from mental health problems and support them. Your employees’ mental health may be due to mental illnesses that their job contributes towards, and you can support them with. On the other hand, they may not be workplace mental health issues, but you can still support them at work as their employer. This article will explain how to support employees with mental health problems. It will explain your obligation as an employer towards employees with poor mental health and how you can help them in the workplace.
What Are Mental Health Problems?
A person’s mental health consists of how they think, feel and behave. There is a wide range of mental health illnesses, and some are more well known than others. For example, you may have heard about depression, anxiety and stress. However, you may be less familiar with mental health conditions such as bipolar disorder and schizophrenia. Whilst stress or work-related stress is not a medical condition, it can significantly impact a person’s mental wellbeing. In the UK, the number of people who will experience mental health problems at some stage in their lives is one in four.
What is an Employer’s Obligation in Terms of Mental Health Problems?
As an employer, you are under a legal duty to support your employees in terms of their health, safety and wellbeing. This is your ‘duty of care’. This means that you must:
- ensure a safe working environment;
- protect your staff from discrimination; and
- provide your staff with complete risk assessments in the workplace.
Your obligation as an employer to protect your staff from discrimination includes a duty towards them regarding their mental health. This is because mental health problems can be a disability, regardless of whether or not your employee’s symptoms are present all the time.
If all of the following relate to your employees’ mental health problems, it can legally be a disability if the mental health problem:
- has a ‘substantial adverse effect’ on your employee’s life, which means that may they struggle to focus on their work or take longer than others to complete it;
- will last a minimum of 12 months; or
- impacts your employee’s ability to complete normal daily activities such as, for example, interacting with colleagues.
If your employee’s mental health problem is a disability, then you have a legal duty:
- not to discriminate them concerning the illness; and
- to make reasonable adjustments in the workplace to support them with it.
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How Can Employers Help Employees With Mental Health Problems?
You should take the mental health of your employees seriously. Therefore, if one of your employees is suffering from a mental health problem, you should listen to them and discuss how they may feel supported by you in the workplace. If you spot signs that your employee may be getting unwell, try to approach them by speaking about it. If they do not want to talk to you about it, you could signpost them elsewhere, such as their GP. Talking about mental health in the workplace is crucial as it can help your employees not let their mental health issues build up. This may result in less time away from the workplace due to their mental health problems and improve their work well-being.
As an employer, there are ways in which you can create a supportive environment in the workplace that may support your employees with mental health problems. Here are some ways you can do this:
- improve your understanding of mental health issues;
- communicate to your workforce that mental health illnesses and physical illnesses are both as critical as each other;
- strengthen your workforce’s knowledge on mental health issues;
- promote open communication within the workforce about mental health issues;
- ensure working conditions are good, allowing for a healthy work-life balance;
- devise a mental health policy or strategy which details support available to employees with mental health problems;
- make one-to-one meetings with managers mandatory;
- arrange mental health workshops and training; and
- regularly monitor your employees’ mental health well-being by talking to them and thinking about factors that may affect them.
Key Takeaways
As an employer, you have a legal duty of care toward your employees. This includes their mental health. A mental health problem can be considered a disability. Therefore, you are required to make reasonable adjustments and are not allowed to discriminate based upon it. Poor mental health amongst employees can lead to time off work and low morale. Taking the time as an employer to create a supportive environment can help your employees to discuss their mental health problems and explain how you might support them. Showing your workforce that you take mental health seriously and support those with mental health problems sends a positive message across your business. It also helps you to care for your employees.
If you need help understanding how to support employees with mental health problems in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
When is a mental health condition a disability under UK law?
A mental health condition can be a disability under the Equality Act 2010. It usually qualifies if it has a substantial, long-term adverse effect on normal daily activities, lasting or likely to last at least 12 months.
What reasonable adjustments can employers make for mental health?
Reasonable adjustments are practical changes that reduce workplace disadvantage. Examples include extra rest breaks, flexible hours or adjusted duties. What counts as reasonable depends on the role, the size of the business and the cost involved.
Is work-related stress a medical condition?
Work-related stress is not a medical condition. However, it can significantly affect mental wellbeing and may lead to illness over time. Employers should manage workplace pressures and support staff before problems build up.
How can an employer support their employees with mental health problems?
Apart from carrying out your legal duty towards employees with mental health problems, you can also support them by creating a supportive and open environment in terms of mental health.
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