What the Law Says about Employee Mental Health
Mental health has been a hot topic for many years now – and rightly so. However, the mental health act wasn’t established in the UK until 1983; it was later redefined in 2007.
Although there are laws in place to protect people in a medical situation, when it comes to employee mental health at work, many people often feel as though the topic is still taboo.
Here’s what is highlighted in UK law.
Employee health and safety
It’s in the law that employers have a ‘duty of care’ to uphold. This means that they need to make sure that the workplace is:
Safe.
Protects staff from discrimination.
And that they carry out regular risk assessments.
This is one element of employment law, but if you want to read our previous blog post in more depth, then you can go here.
For some people, their mental health issue is defined as a disability if it’s a long-term issue that disrupts their everyday life; this can be found under the 2010 Equality Act.
Mental health and disability
When mental health becomes classed as a disability, the basic laws that an employer needs to follow are these:
An employer must not discriminate against them because of their disability.
Any employer must consider making reasonable adjustments.
Under the law, not doing one of these two things would be unfair and negligent to the employee living with the mental health issue.
Legally, this is something that the business or company needs to provide. That includes covering any fees that may come with those adjustments.
In the instance of a company refusing to make those adjustments, you’ll need to show that you’re being treated ‘less fairly’ than someone who is without a disability.
This will help you if you’re looking to take action.
Discrimination
If you are finding yourself being discriminated against because of your mental health, then first, analyse which bracket the discrimination falls under.
Direct discrimination.
Indirect discrimination.
Failure to make reasonable adjustments.
Harassment.
Victimisation.
Legally, you do not have to tell your employer whether or not you have a mental issue; anyone you do tell should keep the information private.
Employers also can’t ask you any information about your health before any job offer is made, they may ask you after – but it is up to you whether or not you wish to tell them.
In the instance, you do tell them and then they revoke your job offer, you are able to make a claim.
If you need help or assistance with your own mental health or on behalf of someone, then reach out. You can contact the OH One team at 0333 772 1697 and info@OH-One.co.uk.
