In recent years, many UK businesses have experienced a growing awareness of mental health in the workplace. But did you know that, as an employer, you also have a legal obligation to provide accommodations and mental health support to all employees?
We know that businesses want to get this right, and it can feel a bit daunting to know exactly what to do. Today, we will cover the legal responsibilities employers hold under the Equality Act of 2010 and demonstrate how Hay & Kilner can guide your business through the complexities of (often confusing) government regulations.
At Hay & Kilner, our legal expertise and employment law services can help businesses like yours navigate mental health-related responsibilities and avoid accruing costly claims.
Most importantly, it’s good to understand how UK law defines ‘mental health’.
Mental health comes under the umbrella term of ‘disability’ in the Equality Act. A disabled person is defined as someone with a physical or mental impairment with a ‘substantial’ and ‘long-term’ effect on their ability to do normal daily activities.
All businesses have a duty of care when it comes to employees. Every employer must ensure the health, safety, and welfare of employees at work under the Health and Safety at Work Act of 1974, and this includes mental health.
But what does this really mean? Well, employers have a legal responsibility to care for and accommodate their disabled employees, which includes:
Employers are legally obliged to make reasonable adjustments for their employees. This means employers must take positive steps to ensure disabled people (including those with mental health struggles) can access and progress in employment.
If any employer does not comply with this duty, they will be committing an act of unlawful discrimination, and could be taken to an employment tribunal. This is why abiding by the law is so essential.
According to government guidance on employing disabled people, some examples of reasonable adjustments include:
If you are unsure about what counts as a reasonable adjustment for an employee struggling with their mental health, remember you can get in touch with us today. Our team is happy to help.
It’s helpful to know that an employer’s duty of care also extends to stress management. Like any health or safety hazard in the workplace, stress levels must be assessed, and any risks should be identified and reduced wherever possible.
The Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to excessive pressures of other types of demand placed on them’. As such, providing tailored support can help reduce employees' stress levels.
The HSE have identified six main areas which can affect stress levels in the workplace:
Employers should assess these risks to manage stress in the workplace and ensure they are enacting their duty of care. This can be daunting, but legal support is available.
Don’t hesitate to contact us if you need assistance managing stress in the workplace. Our HR solutions packages can help you avoid costly claims related to stress.
It is against the law to treat someone less favourably based on a personal characteristic, such as being disabled or having a mental illness, under the Equality Act of 2010.
Workplace discrimination is unlawful and a serious matter, and it can take many forms. For instance, there is direct discrimination (such as not employing someone because of their disability), and indirect discrimination (which is when a disabled person is disadvantaged by a more general practice that is applied to other employees).
To learn more about this, feel free to talk to our team today.
We know this is a lot of information and can feel overwhelming, but at Hay & Kilner, we have over 70 years of employment law and HR expertise to support businesses navigating mental health-related responsibilities.
By following legal requirements, you could avoid costly claims, grievances, and reputational damage. No one wants to face employment tribunals or deal with legal charges that can arise from easily avoidable mistakes.
Our team can advise your business on proactive mental health policies and risk management, identifying and resolving your employment law risks for a fixed monthly fee.
To help you meet your legal obligations and avoid the risk of legal action being taken against you, it’s a great idea to draw up mental health policies.
Clear, customised mental health policies that align with your company’s culture, sector, and workforce can make all the difference, ultimately protecting you from costly claims. This is recommended for all businesses under the Equality Act’s Code of Practice.
Here at Hay & Kilner, we’re proud to provide law services for businesses, helping companies draw up tailored policies and develop effective strategies for workplace mental health support.
Businesses must regularly review and update policies to meet evolving mental health legislation and best practices. This way, businesses can be confident that they follow the latest government guidance and are not at risk of legal action.
Our team can ensure that your business remains compliant and well-prepared at all times.
Now you know your legal obligations regarding mental health in the workplace, it’s important to know that legal support is readily available for you.
We provide a range of employment law and HR solutions for businesses just like yours, and we have the best team of employment law solicitors in Newcastle who are ready to assist you.
If you’re looking to understand more about how these laws affect your business or need specific legal advice regarding mental health policies, then please don’t hesitate to contact our team.
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