Recent research suggests that burnout, mental ill-health and work-related stress are now costing the economy £28bn a year, highlighting the importance of supporting employee well-being in the workplace. We explore the legal obligations of employers to make reasonable adjustments for employees with mental health conditions, provide practical suggestions for creating an inclusive environment and look at ways to address mental health issues in the workplace effectively.
DISABILITY HISTORY MONTH RUNS FROM 16 NOVEMBER TO 16 DECEMBER 2023.
For our second week of articles that spotlight disability issues, we focus on reasonable adjustments that employers can make for employees that suffer from mental health issues.
Mental health in the workplace – Supporting employee well-being
Mental health in the workplace is an increasingly important aspect of employee well-being. In the UK, approximately 1 in 4 people will experience a mental health problem each year. In this article, we explore reasonable adjustments for mental health in the workplace and guidance available for employers on how to implement them effectively.
Understanding Reasonable Adjustments: the legal duty
Under the Equality Act 2010, a disability is a physical or mental impairment that has a 'long-term and substantial adverse effect' on a person's ability to do normal day-to-day activities. In this context, 'long-term' means either (i) it has affected them or is likely to affect them for at least a year; or (ii) it's likely to last for the rest of their life, and 'substantial adverse effect' means that the condition will have more than a minor or trivial impact on their ability to carry out day-to-day activities. Where an employee is disabled within the meaning of the legislation, the duty will arise for an employer to make reasonable adjustments to the workplace or working conditions to ensure that employees are not disadvantaged in carrying out their roles. Employers are reminded that it can be difficult to justify denying adjustments, so careful and case-by-case consideration is required.
Mental health conditions can affect employees in various ways, from stress and burnout to anxiety and depression. For some individuals, these conditions will be temporary but reoccurring, whilst for others, they could be long-term. The consequential impact on an employee's ability to perform their duties will vary. It is essential for employers to recognise that mental health conditions are as valid and deserving of accommodation as physical disabilities. With that being said, not all mental health conditions will be disabilities within the legal definition and a legal duty to make reasonable adjustments will not arise, although an employer may wish to take certain steps to create a more inclusive workplace in any event. Disability status is also a legal definition, rather than a medical one, which makes early HR and legal input, as well as detailed manager training, important for employers.
Creating a more inclusive workplace
In assessing what can be done to create a more inclusive working environment, employers can make changes to the workplace, working conditions, or their application process. For example, a number of practical steps which employers may consider implementing are:
- Flexible working arrangements: variations to working hours and location can help those dealing with conditions such as anxiety or depression to better manage their work-life balance;
- Mental health training: providing training for managers and other employees to raise mental health awareness can assist in creating a more understanding and supportive working environment. Mental health first aiders are also become an increasing important offering for employees;
- Reduced workload: temporarily (or if necessary, permanently) adjusting an employee's workload, taking account of their mental health needs;
- Access to counselling and Occupational Health (OH) services: offering access to confidential counselling services or to OH services can support employees facing mental health challenges and provide recommendations for further support;
- Adjusting performance expectations: setting realistic and achievable performance goals for employees who are managing mental health conditions;
- Quiet spaces: creating designated quiet areas where employees can take a break or find solitude when needed;
- Adjustments to the application process: some prospective employees may face difficulties with an employer's application process. This was demonstrated in the case of AECOM Ltd v Mallon, where the employer was under a duty to make reasonable adjustments when its requirement for job applicants to create an online profile and fill out an online application put an applicant at a substantial disadvantage (albeit that disadvantage was due to a physical impairment rather than a mental one);
- Reviewing policies: a lot of people find it difficult to speak candidly about mental health, particularly in the workplace. To offset this, employers can highlight policies relating to mental health, absence and reasonable adjustments to ensure employees have sufficient information regarding the relevant processes; and
- Temporary reassignment: if a particular role exacerbates an employee's mental health condition, temporary reassignment to a more suitable position could be considered by an employer.
Employers can also refer to ACAS Guidance on reasonable adjustments for mental health (which can be accessed here) which contains detailed, practical guidance on creating a supportive working environment for those who suffer from mental health conditions. Specific guidance for adjustments for individual employees should be obtained via discussions with the employee, OH input and consideration of available medical information.
Advice for employers
Whilst the legal duty to make reasonable adjustments rests on an employee's condition satisfying the legal definition of disability, good employers will seek to accommodate employees even where they suspect that the individual does not meet this threshold. By careful consideration and supporting employees who request adjustments, employers can create a more supportive and positive workplace culture.
