Employee support and the law for employers
Mental health issues in the workplace have never been so prevalent.
A report carried out by Mental Health UK this year confirms that nine out of ten employees surveyed experienced high pressure or stress at some point over the last twelve months. It also states that the proportion of people needing time off work due to poor mental health caused by stress is around one in five.
Difficulties including high demands, unrealistic workloads, burnout and workplace disputes are common contributors to such problems, causing debilitating physical and mental symptoms. Many report high anxiety levels, low mood, disrupted sleep, and fatigue, leading to mental health conditions now accounting for one in three Fit Notes issued by general practitioners.
Workplace health laws are vital for creating a fair and safe environment for both employers and employees. They protect workers from unfair treatment, ensure they receive their entitlements, and promote a healthy and productive workplace. For those in charge, these laws help avoid legal issues and create a more efficient and stable business.
What does the law say?
Whether you are an employer that’s implementing policies, or a staff member interested in understanding their legal rights, it’s key to know how you are governed by law.
In the UK, multiple laws and regulations relate to mental health in the workplace. These place duties on employers to protect the mental wellbeing of their staff and create a psychologically safe work environment. The main ones include:
Health and Safety at Work Act 1974 - the foundational piece of UK health and safety law.
Relevance to mental health: requires employers to ensure, as far as reasonably practicable, the health, safety, and welfare of employees including mental health. The act rules that employers must assess and mitigate risks to mental health, such as stress, bullying, and overwork.
Equality Act 2010 - provides protection against discrimination, harassment, and victimisation.
Relevance to mental health: mental health conditions can be considered a disability if they have a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day duties. The act states that companies must make reasonable adjustments for employees with mental health disabilities and that it's against the law to discriminate against someone due to a mental health condition.
Management of Health and Safety at Work Regulations 1999 -expands on the 1974 Act by requiring formal risk assessments.
Relevance to mental health: employers must carry out risk assessments for work-related stress and other hazards that may impact mental health. Employers should also proactively implement control measures to such reduce risks.
Employment Rights Act 1996 - sets out rights for employees, including unfair dismissal and protection during employment.
Relevance to mental health: if an employee is dismissed or treated with prejudice due to a mental health condition, they may have a claim for unfair or constructive dismissal. This act also features entitlement to statutory sick pay and protection while on sick leave due to mental ill health.
Working Time Regulations 1998 - Governs working hours, rest breaks, and annual leave.
Relevance to mental health: long hours and inadequate rest can impact mental wellbeing, so employers must ensure staff do not work excessive hours and receive adequate breaks and leave.
Data Protection Act 2018 (UK GDPR) - regulates how personal data is used.
Relevance to mental health: personal health information is special category data, requiring greater protection. The Data Protection Act states that organisations must handle employees' mental health information confidentially and lawfully, giving due care and attention to privacy.
The HSE Management Standards
The Health and Safety Executive (HSE) has developed Management Standards for Work-Related Stress which, although not legally binding, outline key areas that employers should consider mitigating risks related to mental health.
These standards cover six key areas.
Demands: this refers to issues such as workload, working patterns, and the working environment. Excessive demands can lead to stress and mental health problems.
Control: this concerns how much say a person has in the way they do their work. Empowering employees with more control over their work can reduce stress.
Support: encompasses the encouragement, sponsorship, and resources provided by the organisation, line management, and colleagues.
Relationships: promoting positive working relationships to avoid conflict and dealing with unacceptable behaviour are essential for maintaining a healthy work environment.
Role: ensuring employees understand their roles and do not have conflicting responsibilities.
Change: this relates to how organisational change is managed and communicated.
What are reasonable adjustments?
Under the Equality Act 2010, mental health conditions can be considered disabilities if they have a substantial and long-term effect on a person's ability to perform normal day-to-day activities. Employers therefore have a duty to make reasonable adjustments to accommodate disabled employees.
Common adjustments include:
Phased return to work after illness
Modified duties or working hours
Relocation or reassignment of tasks
Specialist equipment
Where can I go for help?
Acas exists to offer free and impartial advice to businesses and workers in Britain and provides guidance on managing mental health in the workplace.
Similarly, the National Institute for Health and Care Excellence (NICE) has guidelines on promoting mental wellbeing at work.