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Last month saw a number of initiatives aimed at promoting mental health awareness, both across the UK, and beyond. And whilst awareness and understanding of mental health issues has dramatically increased in recent years, poor mental health within the workforce continues to be a significant concern for UK employers, with recent research finding that 1 in 4 survey respondents had been diagnosed with a mental health condition, such as depression or anxiety.

An increasing proportion of adults in the UK are experiencing mental health problems, and this has a knock-on impact on employment. The most recent ONS data on sickness absences (from 2022) showed that 18.5 million working days are lost each year in the UK as a result of mental health conditions, up from 14.8 million a decade ago, and it is expected that updated statistics on mental health due to be released soon will show this upward trend continuing. 

Given the rising numbers of people suffering from poor mental health, it is more important than ever for employers to be aware of the signs that an employee’s mental health is declining, and to take proactive steps to reduce the chances of their employees developing mental health problems.

Support, support, support

It is important to spot the signs of poor mental health as soon as possible. These will not always be obvious. Employers should offer regular support to their employees and ensure that those providing the support, including managers and HR staff, are trained to spot the signs of declining mental health.

Regular support could also take the form of creating mental health champions, appointing dedicated health and safety officers and mental health first aiders, establishing mental health support groups, or offering mental health training on how employees themselves can look after their own mental health.

Creating a positive and supportive working environment also has the benefit of allowing employees to feel comfortable about being open and honest about how they are feeling. This is particularly important in a world where people are increasingly working remotely. The decrease in general day-to-day contact and interaction has made spotting the signs of declining mental health more difficult, meaning that introducing initiatives to promote good mental health and support to those employees who need it is vital. Indeed, identifying a potential issue as early as possible can be crucial to an employee receiving help and support before their condition deteriorates.

Employer ‘duty of care’

Employers owe a ‘duty of care’ to their employees. They must take all reasonable steps to support their employees’ health, safety and well-being, and this requirement applies equally to both mental and physical health.

Support measures and initiatives can go some way to ensuring that an employer has taken all reasonable steps. However, simply having support systems in place is unlikely to be enough if an employer unreasonably fails to identify and deal with the root cause of an employee’s mental health issues, such as excessive workloads. An employer must make a proactive effort to identify these root causes and address them where it is reasonably able to do so, otherwise it will be failing to comply with its duty of care. Not only does this carry potential legal consequences, but it can also have a significant impact on workplace morale. A supportive workplace helps to foster a healthy and happy workforce, which reduces staff turnover and increases productivity, benefiting both employers and employees in the process.

Employers must also remember their obligations under the Equality Act 2010, to protect those employees who are disabled from being treated less favourably, and to ensure that reasonable adjustments are put in place to ensure that disabled employees are not disadvantaged when compared to their non-disabled colleagues. These obligations apply equally to mental health disabilities, as they do to physical disabilities.

What does the future hold?

With the General Election now set for 4 July, the spotlight will now be on the main political parties, particularly the Labour Party, to see how they will try to tackle the issue of mental health. Given what Labour have said previously, it seems likely that they will be looking to put mental health on a par with physical health in workplaces with a greater onus being placed on employers to reduce the risks of their employees developing mental health conditions and requiring them to provide effective support to those that need it.

So, if there was ever a time to focus on what your business is doing to support those with mental health conditions, and to minimise working practices that might exacerbate those conditions, now is that time.

If you would like to discuss how your business can start making those changes, or indeed any employment-related issues, our specialist Employment Team would be happy to assist you further. Please email info@leathesprior.co.uk or call us on 01603 281153.

Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.