During mental health awareness week, Tughans’ employment team reflect on the guidance available for employers on responding to mental health issues in the workplace.
Most employers increasingly appreciate the importance of creating a wellbeing culture and supporting their employees’ mental health, with the additional benefits for staff performance and retention. Many will showcase mental health initiatives as part of this year’s Mental Health Awareness Week.
While these campaigns are undoubtedly a positive step, it isn’t always clear how employers should respond to mental health issues which affect an employee’s conduct, performance or absence; all of which can impact their colleagues or business performance, and in some workplaces could cause safety concerns.
Where an employee’s condition or mental health issues have a substantial and long-term adverse effect on their ability to carry out day-to-day activities, they may be considered as having a disability under the Disability Discrimination Act. Employers have a legal obligation to make reasonable adjustments for disabled employees, as far as reasonably practicable. While this legal obligation is only triggered if the employee is disabled, employers may not wish to interpret this too narrowly, but consider the possibility of adjustments for all affected employees.
With mental health issues, it can be difficult to determine the extent of the impact on the employee and their daily activities, especially if the employee has not received a formal diagnosis, and what workplace adjustments might help. The starting point will almost always be a conversation with the employee, which some employers naturally approach with trepidation. This conversation is an opportunity to discuss the employee’s circumstances and what happens next, which could involve the employee attending their GP or an occupational health assessment.
The Labour Relations Agency’s guidance on holding a sensitive conversation about mental health with employees provides a helpful, step by step framework. Depending on the circumstances, these steps could form part of a wellness action plan agreed with the employee. With a better understanding of their employees’ mental health issues and their impact at work, an employer can consider making appropriate reasonable adjustments.
Employers should keep in mind that having a supportive and proactive attitude can be the most beneficial approach in the longer term. It will help foster and encourage trust with employees and hopefully allow the speedier resolution of work issues, impacted by mental health concerns. Without positive employer action, an employee’s condition may deteriorate, leading to frequent or prolonged absences, exacerbating their mental health condition, and amplify the impact on their colleagues or the business’ performance.
Reasonable adjustments are not one-size fits all but depend on individual circumstances, and may be recommended by an employee’s medical or OH practitioner. The Labour Relations Agency’s guidance on common adjustments is a useful starting point for employers. In 2023, ACAS published guidance on reasonable adjustments for mental health, with practical and thoughtful guidance on creating a reasonable adjustments policy which meets employee and business needs. This is part of ACAS’ wider guidance on supporting mental health at work.
Information about employees’ mental health is highly sensitive and afforded stronger safeguards under data protection law. The ICO has published reassuring guidance on sharing mental health information if an employer is confronted by a mental health emergency at work.
Employers should use this week as an opportunity to examine their general practices and consider their approach to promote good mental health in their workplace, and appropriate steps if mental health matters are raised.
While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.
