Mental Health in the Workplace

Mental Health Awareness week organised by the Mental Health Foundation is taking place from Monday 10th – Sunday 16th May 2021.

Mental Health in the Workplace

In recent years the number of people suffering from work-related mental health conditions has increased. According to figures released by Health Safety Executive (HSE) following the Labour Force Survey, 17.9 million working days were lost in 2019/20 due to work-related stress, depression or anxiety.
Our specialist Employment Solicitors have answered the 5 top questions about mental health in the workplace ensuring you are aware of your rights when it comes to your mental health.

Top 5 Questions About Mental Health in the Workplace

  1. What rights do employees have in the workplace when it comes to their mental health? As with all other health issues, if employees are unable to attend work because they are suffering with mental health issues, they have a right to be absent from work. When taking time off work employees should always ensure they comply with their employer’s sickness and absence policy, as far as reasonably practicable. If an employee’s mental health is such that they would be deemed ‘disabled’ under the Equality Act 20210 (“the Act”), they also have protection from discrimination under the Act.
  2. Can an employee insist on continuing to work from home on the grounds of their mental health? It’s unlikely that any employee can ‘insist’ on working from home but in most situations an employer would be expected to attempt to consider and possibly accommodate an employee’s wish to work from home on mental health grounds. Also, if an employee’s mental health is such that they would be deemed ‘disabled’ under the Equality Act 2010 (“the Act”), there may be a duty on the employer to make reasonable adjustments to accommodate the employee and such an adjustment could be homeworking. The employee would have protection from other forms of discrimination under the Act.
  3. What counts as discrimination in the workplace? There are various specific types of discrimination which are set out in the Act. Broadly speaking, employees have a right to not be treated less favourably, or harassed or victimised at work because of or related to their disability or their association with a disabled individual. Employees are protected from discriminatory comments, unfavourable treatment as a result of complaining about discrimination and less favourable treatment. There can also be a duty on an employer to make reasonable adjustments to assist the employee such as making modifications or changes.
  4. What can an employee do if they feel they’ve been discriminated against because of their mental health at work? If an employees feels they’ve been discriminated against because of their mental health at work then there are a few options:
    • Option 1 – They can informally tell their manager (or someone more senior in the company if their manager is the problem) about the discrimination and ask for it to stop.
    • Option 2 – If it cannot be resolved informally, an employee can raise a formal grievance about the discrimination. An employer is then obliged to investigate the problem and decide whether it has occurred and if so, what should be done about it.
    • Option 3 – If internal procedures don’t resolve the issue, a claim can possibly be pursued in the Employment Tribunal.
  5. Are employees entitled to sick pay and time off work for mental health issues? Yes, if employees are unable to attend work because of their mental health issues, they can self-certify for up to 7 days because of absence. Subject to meeting the qualifying criteria, they will be entitled to statutory sick pay (“SSP) for 28 weeks from the fourth day in a row they are absent. They may also have a contractual entitlement to enhanced company sick pay with their employer.

Please note, the above answers are for information purposes only and are not intended to be a substitute for legal advice. The information was taken from our involvement in The Law Society’s Solicitor Chat on 6th May 2021 and was accurate when published.
If you’d like to speak to our Employment Solicitors regarding a potential discrimination claim please contact us on 033 3344 9600 or simply email [email protected] with your request.

Specialist Employment Solicitors Leeds & Yorkshire

Morrish Solicitors are a well-established law firm based in Yorkshire with a national presence. Our specialist Employment Solicitors have years of experience working with private clients, Unions, Associations, professional bodies and their members across the UK. We can advise you on a wide range of employment matters including:

To contact us regarding your employment issue please call us on 033 3344 9600 or simply email [email protected] with information about your enquiry.
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