Supporting mental health in the workplace

Mental security is essential for any successful endeavour. This is true out of the workplace, but it is especially pertinent within it. When an individual is struggling with their mental health, all aspects of their life become more difficult to manage, and it can create a continuous cycle of struggle.

Managing and supporting the mental health of your people in the workplace isn’t just a moral obligation, it is a business necessity and a legal responsibility. Failing to support the mental health and wellbeing of your people in the workplace can have a hugely detrimental impact on productivity, bottom line and brand reputation.

What is mental health and how does it affect employees at work

Nobody is safe from poor mental health. It is much like physical health in that it can impact anyone and will likely have affected everyone at some point. It can change the way a person perceives situations, which if left unchecked can often result in conditions such as stress, anxiety and/or depression.

60% of the mental health conditions that people in the UK reported having to their organisation were work-limiting. And regardless of the workplace, it will often come with a variety of pressures. If people in the working environment are struggling with their mental health, particularly those deemed work-limiting, they may struggle to cope with workplace pressures, leading to greater stress and worsening issues. This can be seen not only in the number of working days lost to stress, depression and anxiety, but also the cost for the UK economy. The Health and Safety Executive estimates that approximately 16.4 million working days were lost due to mental health in 2023/24, averaging almost 16 working days lost per person. With the cost of missing working day for those struggling with a mental health issue estimated to be approximately £250 a day, and approximately 1 in 4 people in the UK dealing with a mental health issue, the cost per person annually is close to £4,000.

The impact does not end there however, as this is only accounting for a loss of productivity caused by workplace absences. It is not accounting for reductions in output caused by presenteeism. This refers to the act of being physically present in work, but due to a physical or mental wellbeing issue, an individual is not performing to the fullest of their abilities. In a recent study reported on by The Guardian, it has been found that the cost of presenteeism for UK businesses was approximately £25bn. With a 1.4 million registered organisations in the UK that have multiple employees, this can be estimated as a minimum cost of £1,800 annually.

Beyond the organisational level however in terms of costs and costs of a reduction in productivity, it is also necessary to consider the individual impact on the people in an organisation’s workforce.

When organisations fail to manage and support the mental health of their people, it can lead to increased costs in covering absences, disengagement and workplace burnout. This is not only a financial and workplace concern, but it can also have an incredibly detrimental impact on an individual, possibly leading to further mental health conditions or even a critical incident. With all this considered, the impact of mental health in the workplace is incredibly significant, not only for individuals within the workforce, but leadership teams and organisations as a whole.

What are the signs of a mental health issue

Mental health issues aren’t always openly presenting and obvious. It isn’t always easy to spot, but there are some key signs that organisations and their people need to be aware of:

General signs

You may not recognise it at first, or you may think it’s just ‘an off day’ for someone. In reality, this could be the first inkling that a person is struggling with their mental health, especially if this behaviour is prolonged. If you are noticing that a person is struggling, experiencing sudden mood swings, detached or uninterested, this can be an indication they are struggling with depression. If you are noticing they are particularly sensitive to negative news or circumstances and dealing with intense worry, they could be dealing with high levels of extended negative stress or even anxiety. All of these symptoms can also manifest themselves in social withdrawal and isolation, refusal to speak or join social events or even physical symptoms such as aches and pains.

Signs in the workplace

Whilst the telltale signs from above still need to be considered, senior leadership must also keep an eye out for other notable indications. One of the key indicators of a mental health issue is typically drops in performance. This might be missed deadlines, regular lateness, reduced output or even lower quality work than usual. Often, this is the result of becoming disengaged due to a mental health issue, which is only worsened by increased levels of stress in the workplace.

Ultimately, when you are struggling with declining mental health, people will try to avoid encountering further stress, which they may typically encounter in the workplace. When they are attending work, you may also notice a decline in personal appearance, grooming and hygiene. Whilst it may seem insignificant at first, it could be related to a lack of sleep and increased tiredness. It isn’t always clear, and that is why it is important for senior leadership teams to organise regular one-to-one meetings with individuals and ensure they are supported in the workplace.

What does the law say around mental health at work?

Sometimes mental health is overlooked, particularly in the workplace. This can have huge legal implications for an organisation as it may lead to them being in breach of UK legislation.

As it stands, there is still a stigma surrounding mental health, and this type of attitude can be extremely prevalent in a working environment. The concept of ‘hustle culture’ and ‘grinding’ can lead people to view mental health as an excuse to avoid work, or that people simply do not have the mental fortitude to carry out their responsibilities. Leadership teams must do their all to ensure this type of culture and mindset does not take hold within their organisations. Ignoring the needs of individuals in the workplace who are struggling with stress, burnout and declining mental health could lead to an organisation violating not only the Health and Safety at Work Act 1974, but also the Management of Health and Safety at Work Regulations 1999 and even the Equality Act 2010.

The Health and Safety at Work Act 1974

It is part of UK legislation in the Health and Safety at Work Act 1974 that organisations have a legal duty of care to ensure the health and safety of their people. This includes protecting their mental health from stress, anxiety and depression. The legislation states:

*“The need to protect workers from work-related stress, depression and anxiety falls under sections 2 and 3 of the Health and Safety at Work Act 1974. Like any other hazard, employers need to do a risk assessment and act on it.

Mental health, just like physical health and safety, comes under your general duty as an employer to ensure, so far as reasonably practicable, the health, safety and welfare of your workers and people who are affected by their work.” *

The penalty for violating the Health and Safety at Work Act 1974 can result in unlimited fines, possibly dependent on an organisations financial turnover and possibly imprisonment. Sentences and convictions issued by the Magistrates Court can result in up to six months imprisonment, but a conviction from the Crown Court can result in a two year long sentence.

The Health and Safety at Work Regulations 1999

This particular piece of legislation is directly tied to the Health and Safety at Work Act 1974. The Health and Safety at Work Regulations 1999 however, is more closely associated with conducting risk assessments, identifying hazards and putting measures in place to control and minimise the risk. This includes identifying issues and hazards that can cause work-related stress which may result in worsening mental health and workplace burnout. The legislation states:

*“The Management of Health and Safety at Work Regulations 1999 explain how to comply; requiring a ‘dutyholder’ to assess the level of risk from workplace hazards.

Where a risk is identified, the dutyholder should take all reasonably practical measures to remove, prevent or tackle the risk to reduce it as far as possible.

Schedule 1 gives a hierarchy of approaches to avoid or prevent the risk as the first level of intervention, then measures that will tackle any remaining risk and, only then, measures that support workers that may still be adversely affected.” *

The process of punishment for violating these regulations will begin with verbal or written warnings, improvement notices and prohibition notices from the Health and Safety Executive before the more serious punishment or prosecution. Alongside this, the punishment from Magistrates and Crown Courts will be very close to those issued for violating the Health and Safety at Work Act 1974.

The Equality Act 2010

The newest piece of legislation which affects employment law regarding mental health is the Equality Act 2010. This piece of legislation is extensive and covers a range of protected characteristics and topics regarding employment. One in particular is disability and long-term impairments.

Related article "Equality in the Workplace: Employer Responsibilities"

Under the Equality Act 2010, a mental health condition can qualify as a disability if the condition is expected to or set to last longer than 12 months or impact daily life. This might include focusing on tasks, interacting with others or being able to manage your wellbeing in a particular environment. This not only impacts conditions such as stress, anxiety, depression and the like, but also neurodiverse conditions such as ADHD, Autism Spectrum Disorder and more.

The act is intended to protect individuals from discrimination, meaning organisations and their leaderships are legally required to ensure reasonable adjustments, accessible means and accommodations for those that require as such and protection from discrimination. In terms of mental health, this could mean providing mental health days to those dealing with specific conditions, providing quiet spaces, counselling resources and signposting the necessary support to best manage a condition. This can be seen in the legal definition of the legislation relating to mental health:

*“A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.

Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

If your mental health condition means you are disabled you can get support at work from your employer. *

There are many different types of mental health condition which can lead to a disability, including:

• Dementia

• Depression

• Bipolar disorder

• Obsessive compulsive disorder

• Schizophrenia”

If an organisation is found to be violating the Equality Act 2010, they face the risk of employment tribunals. It can result in fines for criminal offences such as publishing Gender Pay Gap data that can cost up to £5,000 as well as unlimited fines and compensatory damages. One of the key punishments can result in the Equality and Human Rights Commission (EHRC) enforcing action against an organisation to ensure compliance with the law.

How to support employee mental health at work

Implementing a strong culture of mental health support for the workforce within an organisational can sound like a daunting task. There are however strategies, plans and methods that can be implemented to ensure a culture of supporting mental health. Here are just a few suggestions to help cultivate this culture:

1: Open communication

It can seem like a simple and obvious step but encouraging communication and honesty about mental health and support seeking can help break down barriers and hesitancies.

2: Reduce stigma

Feeding into the topic of open communication, it is a far simpler concept on paper than it is in practice. To ensure that people within an organisation feel comfortable to seek out support and discuss issues of mental health, it is a necessity to eliminate the stigma surrounding mental health and mental health discussions. This allows people to seek out the necessary support, making for a more comfortable, engaged and committed workforce.

3: Provide reasonable adjustments

Reasonable adjustments can differ depending on specific conditions, circumstances and environments. This might look like offering regular training to manage tasks, or delegating them to ensure individuals don’t become overwhelmed and stressed. In specific cases, it could be providing noise cancelling equipment to help people focus.

4: Signpost support

When leadership have received the adequate training to be able to identify signs of poor mental health or distress, they can be better equipped to signpost individuals to dedicated support. This may be counselling, occupational health teams or even CISMD teams.

5: Develop dedicated mental health strategies

Managing health and safety in the workplace can sometimes be too heavily focused on physical wellbeing, overlooking the need for mental wellbeing strategies and risk assessments. Conducting mental health and wellbeing risk assessments regularly can inform a strong workplace mental health support strategy, with procedures in place to address various issues, such as having on-site Mental Health First Aiders to support individuals.

6: Trained Mental Health First Aiders

Having trained and qualified Mental Health First Aiders in the workplace provides a level of security and expertise to ensure that support can be signposted and that there are trained individuals on-site to identify mental health risks on an organisational and individual level.

7: Regular one-to-ones

Conducting regular one-to-ones with individuals in the workforce gives each person the opportunity to air their concerns in a confidential and secure setting, enabling leadership teams to work towards finding a solution and maximising the potential of individuals.

8: Mental health resources

This could come in the form of an Employee Assistance Programme, providing access to counselling or wellbeing apps that enable individuals to seek out wellbeing resources and take managing their mental health into their own hands. Having the resources, procedures and practices in place ensures that effective strategies can be implemented and altered as needed.

9: Occupational Health assessments

If an individual has had to take a leave of absence from the workplace due to poor mental health, an Occupational Health Assessment can ensure that said workplace receives a professional review with recommendations made to promote a healthier, safer and more suitable working environment, meaning a smoother return to work.

10: Organisational culture affirmation

Implementing changes to policy and providing training can only go so far. The culture of support and openness that eliminates mental health stigma needs to be reaffirmed by leadership teams and the organisation as a whole to ensure a continued effort and implementation of effective mental health strategy.

How an Employee Assistance Programme can help

One of the most effective methods an organisation can offer to their people to manage and support mental health and wellness is an Employee Assistance Programme (EAP). With HA | Wisdom Wellbeing’s EAP, your people will not only have access to a 24/7 helpline 365-days a year where they can connect with professional counselling teams, leadership teams can also access training courses, workshops and webinars.

This can help them to better understand the importance of mental health in the workplace and promote wellbeing to their people. Alongside they can also access Mental Health First Aid courses and Occupational Health assessments. This can provide an organisation with the comprehensive mental health support it needs to ensure a committed and engaged workforce that continues to stive towards success and growth with reduced costs.

Conclusion

Supporting mental health in the workplace is a cornerstone of success. It is just as important as physical wellbeing, especially in a working environment as it can decide how effective and productive an individual is, or even a team in its entirety. Managing and supporting workforce mental health can drive success, lower turnover and enhance organisational success and reputation.