Mental health has become a major focus for employers in recent years – and rightly so. Awareness of the impact of work on wellbeing has never been higher, yet many organisations remain unclear about their legal obligations and what practical support looks like in day-to-day terms.
This article outlines the key duties employers have under UK law, explains what constitutes a “reasonable adjustment,” and offers practical guidance on creating policies that genuinely support employee wellbeing.
Why Mental Health at Work Matters
The modern workplace has changed dramatically. Hybrid working, economic pressures, and fast-paced environments can all contribute to stress and poor mental health. According to Mind, one in four people will experience a mental health problem in any given year, and employers cannot afford to ignore that statistic.
Beyond the moral and business case for supporting staff wellbeing, there are clear legal responsibilities that employers must meet. Failing to do so can lead not only to reputational harm but also to potential claims of discrimination or breach of duty of care.
Legal Duties Under UK Law
The Equality Act 2010
Under the Equality Act 2010, mental health conditions that have a substantial and long-term effect on an individual’s ability to carry out normal day-to-day activities can be classed as a disability.
That means employers have a legal duty to:
- Avoid discrimination related to mental health.
- Make reasonable adjustments to remove or reduce disadvantages faced by employees.
A mental health condition doesn’t need to be constant to qualify. Conditions such as depression, anxiety, bipolar disorder, or PTSD can all be protected under the Act if they meet the legal threshold.
Duty of Care
Employers also have a common law duty of care to protect the health, safety, and wellbeing of their staff. This includes taking steps to prevent foreseeable harm, such as unmanaged workplace stress or burnout.
Stress, Mental Health Conditions, and Disability: Understanding the Difference
Not all stress is a medical condition. Temporary stress caused by workload or deadlines doesn’t usually amount to a disability. However, if stress develops into anxiety, depression, or another long-term mental health condition, the legal obligations can change.
Employers should therefore treat all reports of mental health concerns seriously, avoid making assumptions, and seek occupational health advice where necessary. Early intervention can prevent more serious issues and potential legal exposure.
What Counts as a Reasonable Adjustment?
A “reasonable adjustment” is any change that helps an employee with a mental health condition overcome a workplace barrier. The right adjustment depends on the individual and their role, but examples include:
- Flexible working hours or hybrid arrangements.
- Adjusted workloads or deadlines during periods of illness or recovery.
- Providing quiet spaces or private working areas.
- Allowing time off for therapy or medical appointments.
- Offering a phased return after sickness absence.
The key word is reasonable. Employers are not expected to make changes that would be unworkable, but they must engage in an open and supportive conversation to find practical solutions.
Building a Supportive Framework
A proactive approach to mental health starts with workplace culture. Employees should feel able to talk about their mental wellbeing without fear of stigma or judgment.
Key elements of a supportive framework include:
- Clear policies on mental health, stress, and sickness absence.
- Open communication channels and regular wellbeing check-ins.
- Training for managers to recognise signs of poor mental health and respond appropriately.
- Signposting to professional support services, such as Employee Assistance Programmes (EAPs) or mental health first aiders.
- Ongoing monitoring of workloads and workplace culture to identify stress risks early.
By embedding these principles, employers can move beyond compliance to create genuinely healthier, more productive workplaces.
The Business and Legal Benefits
Supporting mental health isn’t just a compliance exercise – it’s a business advantage. A workforce that feels valued and supported is more engaged, loyal, and resilient. It also reduces absenteeism, turnover, and the risk of costly disputes.
Employers who take mental health seriously demonstrate strong governance and social responsibility, both of which enhance their reputation with clients, investors, and employees alike.
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Mental health should never be treated as an afterthought. Understanding and fulfilling your legal duties under the Equality Act and duty of care principles is a crucial starting point – but the real value lies in creating a culture of openness and support.
We help businesses design policies and practices that protect wellbeing while meeting legal requirements.
Talk to our team today about creating a workplace where your people and your organisation can thrive.