Mental Health in the Workplace: An Employer’s Duties

By Rachel Davis

Principal Associate

Mental health illness results in 72 million working days lost each year, costing UK employers £30 billion through lost production, recruitment and absence.

The impact of poor mental health in the workplace leads to poor staff morale and performance and a rise in grievances and complaints which in turn damages the company’s reputation.

Employer’s Responsibilities

An employer has a ‘duty of care’ to do all they reasonably can to support employees’ health, safety and wellbeing. This includes:

  • Ensuring the work environment is safe
  • Carrying out risk assessments
  • Protecting staff from discrimination
  • Making reasonable adjustments

Risk Assessments

Risk assessment should include potential risks to mental health as well as physical health:

  • Address work-related stress
  • Identify additional risks resulting from the pandemic
  • Ensure a safe return to work
  • Consider the impact of home working

When is Mental Health a ‘Disability’?

Under the Equality Act 2020, a mental health issue can be considered a disability if:

  • It has a substantial adverse effect on the person, i.e. it must be more than trivial or minor
  • It lasts at least 12 months, or is expected to
  • If affects a person’s ability to do their normal day-to-day activities

Reasonable Adjustments

An employer should adapt the work environment to remove or reduce the impact of any disability so the person can undertake their role without disadvantage.

Reasonable adjustments may include:

  • A phased return to work
  • Flexible hours
  • Staggered start and finish times to avoid a busy commute
  • Working from home
  • Change of workspace
  • Providing additional management support

Communication

Communication is key in reducing the stigma associated with mental health and in promoting a culture of open communication and awareness of mental health issues throughout the workforce.

Ensure that senior managers champion mental health awareness and lead from the top by setting an example such as taking proper lunch breaks and talking about personal experiences.

Training

Educate and train the workforce and send out the message that mental health is everyone’s responsibility. Train mental health first aiders and employee champions who can provide additional support in confidence for people who may find it difficult to approach managers or HR.

Mental Health Policy

Develop a mental health policy within the workplace to show employees that you are taking the matter seriously.

For more information on an employer’s responsibility regarding mental health at work, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.