Supporting Mental Health in the Workplace

Mental Health Awareness Week 2025

As we mark Mental Health Awareness Week 2025 (13–19 May), it's a timely reminder for employers to reflect on how mental health is addressed and supported in the workplace. With this year’s theme being “Movement: Moving More for Our Mental Health,” it's not only a call to action on physical wellbeing but also an opportunity to revisit your organisation’s legal obligations and best practices around employee mental health.

Legal Duties Around Mental Health

Under the Equality Act 2010, mental health conditions can be classed as a disability if they have a substantial, long-term effect on a person’s ability to carry out normal day-to-day activities. This means employers have a legal duty to make reasonable adjustments for affected employees.

Failing to support an employee with a mental health condition could expose businesses to claims of disability discrimination, failure to make reasonable adjustments, or constructive dismissal.

Creating a Legally Compliant, Supportive Environment

1. Promote Open Dialogue
Encouraging employees to speak openly about mental health can help identify issues early. However, managers need to be trained to handle such conversations sensitively and in line with legal obligations.

2. Review and Update Policies
Ensure that your mental health, absence management, and disciplinary policies are up to date and reflect your commitment to supporting employee wellbeing.

3. Make Reasonable Adjustments
These could include flexible working hours, adjusted duties, or providing quiet spaces. Each case should be assessed individually, in consultation with the employee.

4. Monitor Workloads and Culture
Excessive workloads and a toxic culture can contribute to stress and anxiety. Regular risk assessments and employee feedback mechanisms are key tools in managing workplace wellbeing.

Guidance for Employees

Employees concerned about their mental health should feel empowered to speak with their employer or seek advice. If they believe they’re being treated unfairly due to a mental health condition, legal advice should be sought to explore options under employment law.

We’re Here to Help

At Willett & Co, we regularly advise both employers and employees on their rights and responsibilities concerning mental health in the workplace. If you need guidance on creating a compliant mental health policy, managing a difficult situation, or understanding your legal position, our employment law team is here to help.