When you become a manager, you gain a lot more responsibility. One of these responsibilities is supporting mental health in the workplace — especially the mental health of your employees. It’s not only a moral obligation to do this as a UK employer, but a legal one.
Unfortunately, many managers are unaware of these legal duties when it comes to mental health. This not only sends a negative message to employees, but it could also get you in some legal trouble down the line, such as claims of discrimination or negligence.
Not sure where to start? We’ve put together a basic guide on mental health employment law to help you create a healthy workplace mental health culture.
What are an employer’s legal responsibilities when it comes to mental health?
In the UK, employers have a legal duty to protect the physical and mental health of employees under the Health and Safety at Work Act 1974.
This includes carrying out risk assessments to identify potential workplace hazards (including those affecting mental health) and taking reasonable steps to tackle the risks.
Similarly, with the introduction of the Equality Act 2010, employers cannot discriminate against employees with mental health conditions. Because of this, employers must make reasonable adjustments for employees, ensuring those affected are not disadvantaged in any way. This could include flexible working arrangements, reduced hours, or a change of day-to-day responsibilities.
What mental health rights do employees have at work?
Employees in the UK are protected by several laws which safeguard mental health. Even though these mental health rights may not apply to you, it’s still important to be aware of them as a manager. After all, they may be relevant to some of your employees.
The Equality Act 2010
The Equality Act 2010 recognises certain mental health conditions as disabilities, which means employees are entitled to workplace flexibility if their condition has a long-term impact on their ability to work.
Employers can introduce flexible working hours, reduced workloads, and additional support and resources to avoid discrimination and support employees.
The Employment Rights Act 1996
The Employment Rights Act 1996 states that employees have the right to take time off if they are unwell — including for mental health reasons.
This act protects employees, meaning they don’t have to worry about fear of dismissal or unfair treatment regarding mental health struggles.
How can mental health discrimination in the workplace be avoided?
No workplace manager wants to be caught out by not following the law — especially when it comes to mental health.
One of the most effective ways to prevent mental health discrimination is by building a culture of awareness and inclusivity surrounding the topic. Regular mental health awareness training, like our Level 5 Mental Health Diploma, can help managers and team leaders understand the types of mental health disorders affecting employees and how to provide the best support.
It’s also important to have clear mental health policies in place. These policies can outline your commitment to mental health equality and allow employees to raise concerns in a confidential manner.
What steps should I take to support an employee with mental health issues?
Employers should begin by looking at current practices and identifying areas where mental health risks could be at play, such as high workloads or a lack of flexibility. Regular mental health risk assessments are also handy for identifying and addressing these risks before they escalate.
Have open and honest conversations about your employees’ needs and explore what you could do to help. You may need to adjust their working hours, provide work-from-home flexibility, or offer access to mental health services.
Confidentiality is key when dealing with these issues, and any information shared needs to remain private. Our Level 3 Manager’s Mental Health Training can help you handle these situations with sensitivity and care.
If you require ongoing support, our Mental Health and Wellbeing Membership offers your team a year of strategic mental health and wellbeing consultancy, including workshops, webinars, and eLearning modules.
How can I ensure my workplace supports mental health?
In addition to providing HR managers and team leaders with ongoing mental health training, you should also provide access to local counselling services or employee assistance programs that your employees may find helpful.
Make sure to have a mix of resources to suit different preferences, like local in-person counselling services, phone lines, chat rooms, and text messaging services.
Educating your employees to recognise the signs of workplace stress and burnout will also help create a supportive and proactive culture, allowing you to address issues and implement solutions as quickly as possible.
If your business uses social media, why not use our Mental Health Content Calendar to showcase your positive attitude towards mental health? We also have a variety of Workplace Mental Health Insights for you to read up on and learn from, including a glossary of common mental health terms and diagnoses.
