Senior management has a key role in ensuring its place of business does not discriminate against workers who are suffering from mental ill health — in fact it is a legal requirement. This article explains why managers need to take mental health at work seriously, introduces mental health’s links to stress, offers advice on implementing the necessary arrangements to effectively manage mental health in the workplace and highlights some recent cases where businesses have lost in employment tribunals for failing to do so.

Taking mental health seriously makes good business sense

The mental health of employees is something all businesses must take seriously. Providing flexible and supportive employment policies that reduce the incidence of mental health-related sickness absence is a major cost saving.

In 2022/23, it was reported by the Health and Safety Executive that 875,000 workers suffered from work-related stress, anxiety or depression resulting in a loss of 17.1 million working days. The estimated cost of mental health problems to the UK economy annually, meanwhile, is at least £177.8 billion.

Many people who work have recognised mental illnesses where the majority perform effectively at work and are valuable employees, even though they may require occasional periods of time off for sickness. Others can suffer from mental ill health or stress-related issues as a result of work.

Regardless of the source of mental ill health, senior managers have a key responsibility to ensure that employees with poor mental health are not discriminated against and directors should further ensure that all staff have supportive and rewarding working conditions so they can thrive and achieve their potential.

Furthermore, work is often a key factor in supporting people who are living with mental ill health and in keeping them well. It gives many people self-esteem, companionship and status, as well as a chance to use their skills and to feel fulfilled.
 

Cautionary tales

Mental ill health may constitute a disability under the Equality Act 2010.

The Act places responsibilities on senior managers to not discriminate against their employees on the grounds of disability. For example, if a person has a mental health condition that meets the Act’s definition of disability, and is harassed or discriminated against because of this, that would be unlawful. The Act also requires employers to make “reasonable adjustments” to help disabled people to work by removing the barriers that stand in their way.