MENTAL HEALTH AWARENESS WEEK

Mental Health Awareness Week provides an important opportunity for employers to reflect not just on culture and wellbeing initiatives, but also on their legal responsibilities. From an employment law perspective, mental health is not a “soft” issue. It sits squarely within the framework of discrimination law, health and safety obligations and fair workplace practices.

Mental health as a legal issue

Under the Equality Act 2010, a mental health condition may amount to a disability where it has a substantial and long‑term adverse effect on an individual’s ability to carry out normal day‑to‑day activities. Conditions such as depression, anxiety disorders, PTSD and bipolar disorder may fall within scope, even where symptoms fluctuate. Importantly, employers do not need formal medical labels to be at risk; constructive knowledge of an employee’s condition can be enough to trigger statutory duties.  It is also always worth noting that while the word “substantial” is used in the definition of disability, the courts have held that in this context substantial only means “more than trivial.”

The duty to make reasonable adjustments

Where an employee is disabled, employers have a legal duty to make reasonable adjustments to remove workplace disadvantages. In a mental health context, adjustments might include flexibility around start and finish times, amended workloads, remote or hybrid working, changes to reporting structures, or additional support around performance management processes. A “one size fits all” approach is unlikely to comply with the law. Instead, employers should engage in meaningful dialogue and seek medical advice where appropriate.

Crucially, failure to consider or implement reasonable adjustments can amount to disability discrimination, even where there is no malicious intent. Mental Health Awareness Week is therefore a timely reminder to ensure managers understand when and how adjustment duties arise.

Managing absence and performance

Mental health‑related absence continues to increase across UK workplaces. While employers are entitled to manage attendance and performance, rigid application of absence triggers or disciplinary frameworks can be risky where disability is in play. Policies should allow discretion, and decisions should be informed by up‑to‑date occupational health input. Proceeding without considering an employee’s mental health can expose an employer to claims for discrimination arising from disability, as well as unfair dismissal.

Preventing harassment and stigma

The legal landscape also extends to day‑to‑day workplace behaviour. Jokes, dismissive comments or assumptions about mental health can amount to harassment if they create an intimidating, hostile or degrading environment. Employers may be vicariously liable for such conduct unless they can show they took reasonable steps to prevent it — including training, having clear policies in place and taking prompt action when issues arise.

Taking proactive steps

Mental Health Awareness Week should not be viewed as a box‑ticking exercise. Practical steps employers can take include reviewing mental health and sickness absence policies, having mental health first-aiders among your workforce, refreshing manager training, promoting open conversations and ensuring Employee Assistance Programmes or other support mechanisms are visible and accessible. Creating a psychologically safe environment is not just good practice; it helps reduce legal risk and supports retention and productivity.

Ultimately, mental health awareness and employment law are closely intertwined. Employers who understand their obligations, act early and respond compassionately are far better placed to support their workforce — and protect their business — throughout the year, not just one week in May.