Reflecting on this past Stress Awareness Month, our Employment Law team are taking a look at the rights of employers and workers relating to mental health and stress reduction in the workplace.
From an Environmental Social Governance perspective, workplace wellbeing has come into the spotlight in recent years and many employers have taken meaningful steps to reduce the feeling of stress felt by staff, such as:
- Integrating time to decompress into the day
- Taking on additional staff to cover workload
- Offering wellbeing benefits such as fitness initiatives
- Having mental health support groups or champions
While these have all taken a positive step in the right direction, are employers and workers actually aware of the legal case for stress reduction?
In our experience, this is not as widely understood as it could be – and now is the perfect time to remedy that.
Health and safety
The primary piece of legislation which protects workers’ health and wellbeing at work is the Heath and Safety at Work etc Act 1974.
It states that employers have a duty to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees at work.
This obligation extends beyond physical health to encompass psychological wellbeing. Although not explicitly targeted at stress reduction, the 1974 Act does maintain that employers must carry out risk assessments to manage and mitigate the risks of work-related stress by implementing practical measures.
These measures could include adjusting workloads, providing support through a workplace buddy or counselling services, or ensuring a supportive management style.
That is not to say that the Act prohibits workplace stress. Instead, it creates an obligation on employers to ensure that stress levels are within reason and not caused due to improper behaviour such as harassment or failure to apply appropriate safety procedures.
It is important to have policies and procedures in place to support these measures and enable workers to raise informal concerns at an early stage. This will often prevent the issue from escalating as the employer is aware of it and can take steps to address any issues as required.
Mental health discrimination
When stress becomes debilitating it can result in a mental health condition.
Workers with mental health conditions that qualify as disabilities are protected from harassment or discrimination due to their disability or anything arising from it (e.g. disability related absence) under the Equality Act 2010.
Employers are also required to make reasonable adjustments to the workplace or the workers job role to ensure disabled workers are not at a substantial disadvantage compared to non-disabled workers.
This may well include stress reduction if stress is unusually severe or results from or is exacerbated by work-related stressors e.g. working practices, workloads, relationships with co-workers or staff management procedures.
There is no cap on the sum that can be awarded by employment tribunals for discrimination. Awards typically include compensation for personal injury and or injury to feelings and for loss of earnings.
A note on definitions
The Equality Act states that employers must provide ‘reasonable’ adjustments for those with mental health conditions which qualify as disabilities.
Defining which conditions are covered by the definition of disability at section 6 of the Act can be a challenge, but generally workers will be protected if they have an impairment which has a substantial (i.e. nontrivial) and long term adverse effect on a their ability to carry out day to day activities (disregarding the effect of any medication taken to alleviate symptoms or auxiliary aids).
An injury or impairment is treated as having long term affect if it has lasted or might last for 12 months or more, having regard to the risk of recurrence.
The following have been found to be disabilities:
- Autism
- Bipolar disorder
- Depression and/ or anxiety
- Obsessive-Compulsive Disorders (OCD) in some circumstances
- Schizophrenia
- Certain other neurodiversities including ADHD
In terms of supporting those with mental health disabilities in the workplace, reasonable adjustments may include:
- Conducting periodic stress risk assessments
- Swiftly resolving any outstanding workplace disputes
- Allowing a phased return from sickness absence
- Agreeing increased absence management trigger points for those with disabilities
- A supportive / individual worker appropriate management style
- Regular 1:1s with a manager to identify and address workplace stressors
- Temporary reductions in workload or in the requirement for time critical work
- Considering a temporary or permanent change of role or change of line manager, to address personality clashes or any perception that a particular team/department has become hostile or to a less demanding role. When considering such moves a disabled worker who meets the core criteria for the alternate role might be transferred without a competitive interview process, trumping other potentially more suitable internal/external candidates.
- Providing a quiet space for working when teamwork is not required
- Agreeing flexible working, exemption from hot-desking or from open plan working or allowing home working, to reduce anxiety
- Training for team members on being considerate to those with a specific condition
- Mental health support groups/champions or workplace buddies
- Employee assistance programs / counselling
- Holding interviews / meetings in neutral venues
- Allowing workers to be accompanied in meetings – not just in disciplinary/grievance meetings
Ultimately, it is important to note that ‘reasonable’ means different things depending on the situation and the size and administrative resources of the organisation.
Generally considering whether an amendment is reasonable might involve some balancing of the needs of the disabled worker, the employer, its other staff and its customers /service users. Employers are less likely to be compelled to make adjustments which are disruptive, prohibitively expensive or harmful to others.
Other claims
Employers who make adjustments for their workers’ disabilities and take other steps to avoid discrimination in the workplace are also less likely to face civil claims in the courts for personal injury (brought by workers who suffer a deterioration in their mental health attributable to their work) or harassment under the Prevention of Harassment Act 1997.
The basis of a healthy workplace
Aside from the legal consequences of failing to follow requirements set out by these Acts, employers typically find that approaching workers through the lens of support and stress reduction leads to a more inclusive and productive working environment.
Recognising and addressing mental health issues not only aids in compliance but also contributes significantly to staff satisfaction and staff retention, which further reduces the risk of contravening employment law during the exit process.
Ultimately, employers who invest in mental health support send a clear message – they value their workers’ well-being as much as their contributions to the company.
For bespoke guidance on stress reduction and your rights and obligations, please contact our expert Employment Law team today.
Contact Lisa Judd by emailing Lisa Judd by emailing LisaJudd@palmerslaw.co.uk or Kristie Willis by emailing KristieWillis@palmerslaw.co.uk.
