Why Mental Health in the Workplace Has Never Been More Important

Mental health in the workplace has never been more important.

Whether you're an employer looking to create a supportive work environment or an employee trying to navigate mental health challenges at work, understanding your rights and responsibilities is crucial.

At Magara Law, we’ve seen firsthand how a thoughtful, legally compliant approach to mental health can benefit both sides. But what does that look like in practice, and how can everyone work together to create healthier workplaces?

Why Mental Health Matters at Work

In almost every workplace, there are employees silently dealing with mental health issues. When these challenges go unsupported, it can lead to stress, burnout, and legal disputes.

For employers, fostering mental wellbeing isn’t just a moral obligation — it’s a legal one. For employees, knowing your rights can empower you to seek the support you deserve, without fear of discrimination.

Current Legislation: Key Points for Employers and Employees

Several laws in the UK offer protection and set out responsibilities when it comes to mental health in the workplace. Here are the key pieces of legislation that both employers and employees should be aware of:

• Equality Act 2010: This is central to protecting mental health at work. For employers, it means ensuring you don’t discriminate against employees with mental health conditions, which can be classified as disabilities if they are long-term (i.e. lasting for at least 12 months or more) and have a substantially adverse effect on th employee's normal day to day activities. Reasonable adjustments, such as flexible working, must be made to support affected employees. For employees, if you have a mental health condition that meets the definition of disability, you have the right to request adjustments to help you do your job effectively.

  
  

• Health and Safety at Work Act 1974: Employers have a duty to protect the health, safety, and welfare of employees — this includes mental health. Taking steps to manage work-related stress, creating safe working conditions, and promoting wellbeing are all part of this responsibility. Employees should feel confident in raising concerns if their mental health is being affected by their work environment, knowing that it is their legal right to do so.

  
  

• Employment Rights Act 1996: If an employee feels they’ve been forced to resign due to poor treatment relating to their mental health (known as constructive dismissal), they could make a claim. For employers, ensuring a supportive environment can prevent these claims, as well as reduce absenteeism and increase employee engagement.

Practical Steps Employers Can Take

For employers, creating a workplace that supports mental health doesn’t have to be expensive or complicated. Here are a few practical ways to improve mental health in your workplace:

• Promote Open Conversations: Encourage a culture where employees feel safe to talk about their mental health. Normalising these conversations can help reduce stigma and create a more open environment.

  
  

• Flexible Working Options: Offering flexible hours or remote work can make a big difference for employees managing stress or mental health conditions.

  
  

• Provide Mental Health Resources: Many employers now offer Employee Assistance Programmes (EAPs) or have mental health first aiders in the workplace to support colleagues in distress.

  
  

• Manager Training: Equip managers with the knowledge to spot the signs of mental health issues and understand their legal responsibilities. This reduces the risk of legal disputes and promotes a more caring workplace.

Practical Steps for Employees

For employees, protecting your mental health at work is just as important as protecting your physical health. Here’s how you can take control of your wellbeing:

• Know Your Rights: If you have a mental health condition, you may be entitled to reasonable adjustments under the Equality Act 2010. Don’t be afraid to ask your employer for what you need to manage your condition at work.

  
  

• Speak Up: If you’re struggling, reach out to your manager, HR, or a trusted colleague. It can feel daunting, but opening up often leads to understanding and support.

  
  

• Utilise Resources: If your workplace offers mental health support like an EAP, use it. These programmes are there to provide confidential help when you need it most.

  
  

• Seek Legal Advice if Needed: If you feel that your mental health condition is not being accommodated or you’re facing discrimination or harassment, it’s important to seek legal advice. You don’t have to navigate this alone.

The Legal and Personal Consequences of Ignoring Mental Health

For employers, failing to address mental health issues can lead to legal claims under the Equality Act or constructive dismissal under the Employment Rights Act. But beyond legal risks, ignoring mental health affects morale, productivity, and overall business success.

For employees, not addressing mental health concerns can lead to burnout, increased absenteeism, and a deterioration of both personal and professional life. Knowing your rights and seeking support early can prevent long-term issues.

Conclusion

Mental health is not just a personal issue; it’s a workplace issue that affects everyone. For employers, taking steps to support mental health creates a more engaged and productive workforce. For employees, understanding your rights and speaking up when you need help is vital to maintaining your wellbeing.

At the end of the day, building a mentally healthy workplace is a shared responsibility. Let's continue to foster environments where mental health is prioritised and protected.

Call a specialist employment lawyer  

Magara law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.