Mental health challenges can happen in all areas of life, including in the workplace. When they do arise, it can be tricky knowing how to respond with empathy and support, but also managing the needs of a workplace. Understanding how mental health and employment law interact is important for both employees seeking support and employers aiming to provide a healthy and positive work environment, as well as minimising legal risk.
Mental Health Disclosure
Deciding whether to tell your employer about your mental health can be tough for an employee. There is no requirement to disclose a mental health condition unless it affects your ability to do your work, or there may be a safety risk.
If you are being interviewed for a job, your potential employer can ask about any health issues that could affect your ability to carry out your duties. You must answer truthfully, because withhold this information could lead to dismissal later.
Workplace Bullying
Workplace bullying is never acceptable and unfortunately, it can exacerbate or cause mental wellbeing issues. If you’re being bullied at work, tell your employer. They have an obligation to take reasonable steps to keep the workplace safe. If they don’t, you might be able to file a personal grievance for unjustified disadvantage.
Bullying can be difficult to prove. It often involves a pattern of small, subtle actions over time. Because of this, it’s a good idea to keep a record every time you feel you’ve been bullied (time, date, location, specifically what was said or done, who was present and so on).
Your Role as an Employer
It’s illegal to discriminate against an employee because of a mental illness. This means treating them differently, normally to their detriment, because of a known or suspected mental health condition. This can be relevant to job advertisements and interviews to working conditions, pay, and termination.
If an employee discloses a mental health condition and asks for support (called “accommodations”), you should work with them to figure out what’s reasonably possible. An employer is not required to spend significant money to make reasonable accommodations. However, an employer needs to genuinely consider whether the role could be adjusted by reassigning aspects of that job which an applicant or employee is unable to do. Whether or not the accommodation is reasonable will depend on the particular employment setting including the health and safety requirements, costs, and the activities of the employer. It is important to seek advice when making decisions, so that you are complying with the relevant law and you minimise legal risk.
Here are some examples of workplace accommodations, which may be reasonable depending on the specific workplace, that have helped people with mental health conditions:
- Flexible hours and workload
- Flexible work location (e.g. working from home)
- Flexibility with sick and annual leave (including extra paid or unpaid leave)
- Time off for appointments
- On-the-job coach or mentor
- Ability to work even when not feeling 100%
- Adjustments to job duties (e.g. not managing people)
Open communication is key. By understanding the law and working together, employers and employees can create a more inclusive and supportive environment, which benefits everyone and leads to a more productive workplace.
Building a Safe and Positive Culture
The Health and Safety at Work Act 2015 requires you to provide a safe work environment that supports your employees’ mental health and well-being. While you’re not responsible for issues outside of work, you should keep an eye on your workers’ overall health and stress levels. Workplace stress can be caused by things like bullying, restructuring, or unreasonable workloads.
Beyond accommodations, employers should actively create a workplace that supports mental health. This includes:
- Raising awareness: Educate employees about mental health conditions and available resources to reduce stigma and encourage help-seeking.
- Providing training: Train managers to recognize and respond to employees who may be struggling.
- Creating a supportive culture: Foster a workplace where employees feel comfortable talking about mental health.
- Maintaining confidentiality: Protect the privacy of employee medical information, including mental health conditions.
- Preventing discrimination and harassment: It’s a legal requirement to prevent discrimination and harassment based on disability, including mental health conditions.
Navigating mental health in employment requires open communication and proactive support from both employees and employers. A healthy workplace fosters understanding, offers reasonable accommodations, and prioritises well-being for all.
If you are an employee or employer who wants support with raising or responding to a mental health matter in the workplace, you can contact us for a free initial consultation.
