Dealing with Mental Health Issues in the Workplace: Legal and Practical Considerations

In recent years, awareness around mental health has significantly increased, and this shift has reached the workplace. Employers and managers are now more aware than ever of the importance of supporting employees with mental health challenges. However, navigating this area requires a careful balance between legal obligations and practical support.

Legal Obligations Under the Equality Act 2010

Under the Equality Act 2010, mental health conditions can be classified as a disability if they have a substantial and long-term negative impact on a person’s ability to carry out normal daily activities. This means that employees with mental health issues may be entitled to certain protections, including the right to reasonable adjustments in the workplace.

The Act places a duty on employers to:

1. Avoid Discrimination: Employers must not treat employees less favourably because of their mental health condition. This includes direct discrimination, such as dismissing someone because of their mental health, and indirect discrimination, such as applying a policy that disadvantages someone with a mental health condition unless it can be objectively justified.
2. Make Reasonable Adjustments: If an employee’s mental health condition qualifies as a disability, employers are required to make reasonable adjustments to support them in their role. Failure to make these adjustments can result in claims of disability discrimination.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made to an employee’s working conditions or environment to help them manage their mental health condition while performing their job. These adjustments should be tailored to the individual’s needs and could include:

• Flexible Working Arrangements: Offering flexible hours or remote working may help employees better manage their mental health condition.
• Changes to Duties: Adjusting the employee’s workload, reducing stressors, or changing responsibilities temporarily can provide support during difficult periods.
• Time Off for Treatment: Allowing time off to attend therapy, counselling, or medical appointments is another common adjustment.
• Providing Quiet Spaces: Some employees may benefit from having access to a quiet or private space where they can take a break or manage their stress.

It’s important to remember that adjustments should be “reasonable.” Employers are not required to make adjustments that would cause undue hardship or significantly disrupt business operations, but they must explore options in good faith.

Balancing Legal and Practical Considerations

1. Communication is Key: Managers should create a supportive environment where employees feel comfortable discussing their mental health challenges. However, these conversations must remain confidential and non-judgmental. The focus should be on how the employer can help the employee succeed in their role rather than prying into personal details.
2. Know the Boundaries: While it’s important to be supportive, there’s a fine line between offering reasonable adjustments and overstepping legal boundaries. For instance, managers should not pressure employees to disclose medical information they’re uncomfortable sharing, nor should they make assumptions about an employee’s mental health.
3. Be Proactive: Encouraging open communication and training managers on mental health awareness can prevent issues from escalating. By being proactive, businesses can address challenges early on and foster a culture of support and understanding.

Practical Tips for Employers and Managers

Here are some practical steps employers can take to support employees with mental health issues while staying within the law:

1. Provide Mental Health Training: Equip managers with the knowledge and skills to handle mental health conversations sensitively and appropriately. Training should include awareness of legal obligations under the Equality Act and how to offer support without overstepping boundaries.
2. Have a Mental Health Policy in Place: A clear mental health policy sets out your organisation’s approach to managing mental health issues. It should cover how employees can access support and the process for requesting reasonable adjustments.
3. Offer Employee Assistance Programs (EAPs): EAPs provide confidential counselling and support services to employees. Promoting these services can give employees a valuable outlet for managing their mental health and stress levels.
4. Monitor Wellbeing: Regular check-ins with employees, especially those who have previously disclosed mental health issues, can help you spot early warning signs and offer support before problems escalate.
5. Document Conversations and Actions: Keep a record of any discussions and actions taken related to an employee’s mental health. This documentation is important not only for managing the situation effectively but also for protecting your business if a legal issue arises.

Avoiding Common Pitfalls

While employers must support employees with mental health challenges, it’s equally important to avoid common mistakes, such as:

• Assuming What’s Best: Employers should not assume what adjustments will work best without consulting the employee. A collaborative approach ensures that the changes are meaningful and appropriate.
• Ignoring the Issue: Ignoring mental health issues can lead to a breakdown in trust, increased absenteeism, or even claims of discrimination. Addressing mental health openly and supportively fosters a positive working environment.
• Failing to Act: Once aware of an employee’s mental health condition, failing to take action or make adjustments is not an option. Employers are legally obliged to make reasonable adjustments once they are aware of the need.

Final Thoughts

Mental health is an important issue in the modern workplace, and employers must understand their legal duties under the Equality Act 2010. By providing reasonable adjustments and fostering a supportive environment, businesses can not only comply with the law but also create a more productive and positive workplace.

Need Help Navigating Mental Health and Employment Law?

Our employment law experts can guide you through the legal and practical aspects of managing mental health in the workplace, helping you support your employees while staying compliant.

Contact Us Today:

• Email: info@mylawsolicitors.co.uk
• Telephone: 01924 654194

Supporting mental health at work is not just a legal obligation—it’s key to building a healthy, engaged, and productive workforce.