Mental Health at Work: Helpful Legislation
Overview
The protection of employee mental health does not sit neatly in a category of its own, often overlapping with areas such as health and safety or employment law. Due to this, it can be difficult to navigate the topic and find the relevant information. However, it is important for both employers and employees to be familiar with the legislation, as having the correct policies in place can positively affect the mental health and wellbeing of employees, the work environment and employer/employee relations.
This article will highlight significant pieces of legislation under the lens of mental health, finding pieces that may be especially useful and important in this context. Much of the legislation discussed will cover other areas of employment law or health and safety law, but the focus here will be on the impact on employee mental health.
Health and Safety
On top of physical protection, legislation on health and safety also covers mental health. The Health and Safety at Work etc Act 1974 is the primary piece of health and safety legislation within Great Britain and contains many rules for workplaces to abide by. Under this act, duties are set out for protecting the health, safety and welfare at work of all employees. This, therefore, encompasses mental health, including anything that could negatively impact it. This could include a variety of risks, including poor management, conflicting demands from home and work, lack of support and many more.
Furthermore, the Management of Health and Safety at Work Regulations 1999 expand on the Health and Safety at Work etc Act 1974, with the Regulations including risk assessment and management of vulnerable people. While the focus is arguably on physical health in these acts, it is just as important that mental health is included when assessing risk and ensuring a safe working environment. Mental health can easily have a knock-on effect on safety as a wider concept, as poor mental health could lead to safe working practices not being followed as strictly as they should be.
Equality Act 2010
Due to its long-term effects and management, poor mental health can be considered a disability by law under this act. This is the case if:
- Daily activities are affected by their mental health;
- It lasts or is expected to last for a year or more; or
- It has a substantial adverse effect on their life.
If an employee fits into these categories due to their mental health, employers must make reasonable adjustments as with any other disability. The employee should also face no discrimination in relation to their mental health condition. Adjustments could include allowing employees more breaks or providing extra help with accomplishing tasks.
In the case that this legislation applies, employees should be treated on a case-by-case basis to assess and understand their individual needs, ensuring that they have the assistance measures necessary to do their job. This creates a positive working environment for the whole workforce, creating a culture that values acceptance, respect and understanding of employees.
Employee Relations (Flexible Working) Act 2023
The Employee Relations (Flexible Working) Act 2023 provides employees with the right to request flexible working arrangements, allowing them to make up to two applications for flexible working in any 12-month period. Employers are required to consult with the employee before refusing their application and must respond to applications within 2 months.
This Act is intended to encourage a balanced approach to work-life arrangements with greater flexibility. A good work-life balance is essential in maintaining good mental health, avoiding burnout or negative feelings created by working hours being too restrictive.
Much like the rest of the legislation discussed in this article, good mental health practice is not directly mentioned, nor is it the only focus. It’s important to keep mental health in mind because it is often not explicit in legislation but is nevertheless of great importance when aiming to maintain a healthy working environment. Having policies in place and complying with the applicable legislation can increase productivity, reduce stress and overall improve morale.
