10th October 2024 is World Mental Health Day, and this year's focus is mental health at work. Mind estimates that 1 in 4 people have mental health problems but that most do not receive the help that they need. For many, this creates a barrier to engaging and thriving in the workplace, whereas a safe and healthy working environment can help to support and protect those experiencing mental health conditions.
In the UK, employers may have a duty to make reasonable adjustments for their employees suffering from mental health problems. This protection is in place to foster a diverse and supportive culture in the workplace, and to make provisions to help employees stay in the workplace and return to the workplace after periods of absence. To help to get to grips with what reasonable adjustments are, and what they mean for employers and employees, here are our top ten FAQ’s on reasonable adjustments for mental health at work.
When does an employer have a duty to make reasonable adjustments?
An employer must make reasonable adjustments when they are aware, or could reasonably be expected to be aware, that one of their employees is disabled and they are at a substantial disadvantage because of their disability. They should make reasonable adjustments when it becomes clear that a disabled employee is having difficulty with an aspect of their job, or if the employee requests adjustments.
Is mental health a disability?
Mental health conditions may amount to a disability if they meet the statutory test in the Equality Act 2010. This asks if the mental health condition has a substantial and long term adverse effect on the person’s ability to carry out normal day-to-day activities. There is significant case law on many different mental health conditions meeting this test, and although it is always on a case-by-case basis, the safe line for employers is usually to assume that the condition will be covered and act accordingly.
What if the employee doesn’t think they are disabled?
It may be that an individual doesn’t think of their mental health condition as a disability. However, an employer should always be aware that it could be considered a disability from an employment law perspective, and of their duties if this is found to be so.
On a practical level too, it is useful for an employer to try to make reasonable adjustments where possible, even if the employee does not consider themselves disabled, so as to make their workforce happier and more productive.
Can employers use the same adjustments for every case?
Mental health affects people in very different ways. Two employees with severe stress and anxiety very likely will not experience the same symptoms, have the same triggers, or find assistance from the same adjustments.
It is important for employers to consider reasonable adjustments on a case by case basis, and be flexible in terms of what works for each employee.
Once an employer has made an adjustment, is that enough?
Mental health conditions often change, with symptoms and needs varying over time. It may be that whilst an adjustment works currently, it will not in the future.
Employers should keep reasonable adjustments under review, reconsidering the employee’s and the business’ needs on a semi-regular basis, or when requested, to ensure that the adjustments are working for everyone. Best practice for an employer would be to set a reminder date at least every 6 months to revisit the case and see if the adjustments are working or need amending.