29 Oct 2026
By Graham Millar, Partner, Employment Law, Gilson Gray
A Workplace Guide to Employee Mental Health Rights in the UK
Mental health in the workplace has become a critical concern for employers across the UK. What was once considered a private matter now sits at the heart of employment law and business strategy, and more employees are calling on their employers to support them, rather than manage them out the door. Poor mental health costs the UK economy billions each year through lost productivity, increased sick leave, and high staff turnover. Gilson Gray is here to break down employee mental health rights in the UK, including London, Lincoln, Aberdeen, East Lothian, Edinburgh, Glasgow, Dundee, Forfar, and the surrounding areas.
Why Mental Health Matters in the Workplace
Looking at the various recent research that has been undertaken, it seems that mental health issues affect one in four people annually, making workplace support something that any reasonable employer will want to consider. It is highly likely that stressed employees will have a greater absence record than their colleagues and, potentially, when at work, will produce lower-quality work, and struggle to meet deadlines or other stressful situations. When one person is off, then it is accepted that their team will suffer and equally, if a colleague is stressed, then they might become more irritable, meaning people are having to walk on eggshells. Companies that ignore these warning signs and don’t try to address the issue can face higher recruitment costs, damaged reputations, and potential legal action. This is your opportunity to look closely at the support you are offering because being focused on supporting what is becoming a far more prevalent condition can create a more engaged, productive, and loyal workforce.
Understanding Your Legal Obligations
There is a relatively low bar within employment tribunals as to what constitutes a “disability” in terms of The Equality Act 2010, and if someone does have a mental health diagnosis, or shows enough symptoms of a mental health issue, then it places certain obligations on employers, not just to avoid discrimination, but also to make all reasonable adjustments. What that means in employment law terms is that when thinking about managing someone’s performance or conduct, you need to first consider whether or not the requirements of the job, or indeed the terms of your disciplinary or capability procedures place that disabled employee at a substantial disadvantage compared to non-disabled employees. If so, then you are under an obligation to make reasonable adjustments. You cannot dismiss someone solely because of their mental health condition or treat them unfavourably during your recruitment process, and if you do not have a clear audit trail behind any decision that you make, then someone with a mental health condition is entitled to argue that the real reason for the detrimental treatment or dismissal is their disability. Such cases are challenging and expensive to defend.
Recognising the Signs of Poor Mental Health
Identifying when an employee may need help can prevent serious issues from escalating; therefore, early intervention saves both personal suffering and business disruption. These symptoms often develop gradually, making them easy to overlook, so from a practical point of view, it is important that your managers are looking out for these common indicators:
Creating a Mental Health Policy That Works
A comprehensive mental health policy demonstrates your commitment to employee wellbeing whilst also setting out the terms of any potential defence to a discrimination claim. Making sure your business actually applies the terms of it’s own policy is perhaps the more challenging part of the process, but that is true for most policies and procedures. Previously the thinking was that as long as you had the particular policy, then that gave you protection, but the changing legal landscape, particularly if you look at the recent changes to tackling sexual harassment in the workplace, it is now incumbent on employers to prove that they have taken “all reasonable steps” to prevent harassment. I suspect that we will see similar moves across anti-discrimination legislation. When considering what your policy should include, you need to be thinking about confidentiality (particularly who gets to know about any mental health issues), reasonable adjustments, and return-to-work procedures after mental health absences. Considering both internal and external support, such as mental health first aiders within the office, or external support networks, is also something to consider for your policy.
What is a Reasonable Adjustment?
Technically speaking, it is an adjustment to either the work being done, or the way in which the work is being done, which potentially removes the disadvantage that the employee suffers because of their disability, which any reasonable employer would make. Some of these adjustments often cost little but can deliver significant benefits for struggling employees – it is always better to discuss matters with employees, rather than you as the employer making assumptions. When having discussions with your employees, consider these options:
The Role of Training in Mental Health Awareness
As mentioned previously, ensuring all staff, particularly managers or supervisors, are aware of the terms of the policy is really important in demonstrating that you are taking all reasonable steps to tackle the issue. It might also help to reduce the stigma that having a mental health condition might bring. Whilst awareness remains important, on the basis that your managers and supervisors will be the ones implementing the policy, it is really important to ensure that they are adequately trained. A lot of managers might be aware that someone in their team is struggling, but not have the confidence or knowledge on how to raise the issue with that employee. Your managers need skills to recognise warning signs, conduct sensitive conversations, signpost appropriate resources and discuss what reasonable adjustments could be considered.
The Benefits of a Supportive Work Environment
Companies that focus genuinely on tackling mental health issues within their staff have reported seeing improvements in employee retention, productivity, and workplace satisfaction. Those, in turn, will have a knock-on effect on the company’s bottom line. In today’s challenging recruitment environment, showing a stable and supported place of work and a happy workforce will be a key consideration for people considering joining your company. Equally, your reputation as a responsible employer could enhance client relationships and business partnerships.
Take Action on Workplace Mental Health Today
Don’t wait for problems to escalate before addressing your responsibilities. Recognise that mental health issues will continue to be an issue for most companies and take the steps now to consider what your action plan should look like. Contact Gilson Gray today for guidance on how to take that first step because our experienced team provides practical solutions that protect and enhance your business.
