Legal Implications of mental health conditions in the UK

Guide to Mental Health in the Workplace UK: Key Insights

Mental health in the workplace UK has increasingly gained attention in the recent past. There is now a clearer understanding of their effect on both the employees and employers. Anxiety and depression are the most common causes of mental health. They affect a huge percentage of the workforce.Many organisations offer mental health training in workplace to overcome these issues.
In the UK, 1 in 4 people have a mental health problem each year. About 1 in 6 workers have issues like anxiety or depression at any time. 
Mental health in the workplace UK is a critical issue that costs businesses up to £45 billion a year.
The reason this large figure is

• Absenteeism
• Lower productivity
• High staff turnover

There is still a stigma related to mental health in the workplace in the UK. Many employees are afraid to disclose their conditions. They have a fear of harming their careers.
This blog aims to enlighten readers on the legal implications of mental health conditions in the UK. This ensures that employers and employees are safe under UK law.

What are Mental Health Conditions in the Workplace

Common Mental Issues in Workplace

Mental health in the workplace UK  varies in their symptoms and effects. But some are more common in the workplace.  We must understand these conditions and address their challenges.

Depression

Depression is a common workplace mental health issue. It can cause hopelessness and lack of interest in daily activities

For employees, this may cause

• Poor focus
• Fatigue
• Lower work performance.

According to the World Health Organization,

“Depression has become one of the leading causes of disability in the world. More than 300 million people are now living with depression, an increase of more than 18% between 2005 and 2015.”….. “These new figures are a wake-up call for all countries to re-think their approaches to mental health and to treat it with the urgency that it deserves.”

WHO Director-General, Dr Margaret Chan

Anxiety:

Anxiety can trigger decision making and social issues at the workplace. A person with anxiety faces problems related to

• Meeting deadlines
• Attending meetings
• Handling stress.

Post-Traumatic Stress Disorder:

It is a condition. It occurs after a person is exposed to a tragic situation or has witnessed such an event. At a workplace, people with PTSD may have

• Concentration problems
• Problems with attention

Bipolar Disorder:

The fluctuating nature of bipolar disorder damages the work performance. It causes extreme mood swings. These include

• Highs emotional    mania or hypomania)
• Lows depression

Effects on Work Performance

Mental disorder has a considerable impact on performance. Thus, it is crucial that employers assess and address such issues.

Productivity:

• Mental illness generally negatively impacts productivity
• The employee may struggle to focus, complete tasks, or accomplish targets.
• A depressed person lacks motivation.

Attendance:

• Work absenteeism is caused by Mental health in the workplace UK  more than any other factor.
• Absence may be due to appointments or to avoidance of work.
• Chronic absenteeism may result in isolation of employees from the team.

Interpersonal Relationships:

• The mental health in the workplace can impact the relationship of employees with colleagues and supervisors.
• Anxious people tend to avoid social contact. This is where mental health training in workplace UK plays a crucial role.
• Depressed individuals stay away from team activities or become irritable.

Mental ill-health sometimes affects communication. This can put pressure on relationships and make it harder to cooperate.

Legal implications of mental health in UK

The Legal implications of mental health conditions in the UK system has very strong legislation to support employees. They ensure employees with mental ill-health are treated fairly and that their rights within the workplace are protected.

The main pieces of legislation are the :

• Equality Act 2010
• Health and Safety at Work Act 1974
• Employment Rights Act 1996
• Data Protection Act 2018

These influence what employers must do and employees’ entitlements.

The Equality Act 2010

Definition of Disability Under the Act:

The Equality Act 2010 extends protection to people with disabilities. The Act defines a disability as a physical or mental impairment. It has a long-term and adverse effect on a person’s work ability. It covers many mental health conditions.

Protections Against Discrimination and Harassment:

The Act prohibits employees based on disability of

• Discrimination
• Harassment
• Victimisation

This makes sure that they are not disadvantaged at work. This might involve

• Changing work schedules
• Adding support
• Altering the work environment

Discrimination can come in many forms. These include direct, indirect, and failure to make reasonable adjustments. An employer shall assess risks of potential hazards. This will come as part of their workplace mental health policies UK.

The Health and Safety at Work Act 1974

Employer’s Duty of Care to Protect Employee Mental Health:

• The Health and Safety at Work Act 1974 makes sure that all employees are healthy and safe.
• This includes measures to make sure that their mental health is protected.
• An employer shall assess risks and search for potential hazards including stress.

The Employment Rights Act 1996

Rights About Unfair Dismissal and Redundancy:

The Employment Rights Act protects workers from unfair dismissal, including mental health conditions.

• Any redundancy should consider mental health conditions.
• An employee can sue if they have been dismissed unfairly.

The Data Protection Act 2018

• It covers the GDPR.
• It sets standards regarding the processing of personal data.

Companies are required to hold medical details about employees in strict confidence and security. This is an essential aspect of workplace mental health policies UK.

Conclusion

The legal implications of mental health conditions in the UK are significant for any employer or worker . All the legal authorities mentioned above provide a framework to protect the rights of employees.

Employers shall be very proactive in terms of employee mental health support in the UK . Reach out to Concise Medico for help. Also, if you have any case related to workplace issues, we are more than happy to provide you with an expert witness report.