Every October, World Mental Health Day shines a spotlight on the importance of protecting and promoting mental wellbeing at work and beyond – serving as a reminder that mental health is not just a personal matter, it is a collective responsibility.
For employers, it is both a moral duty and a legal requirement to ensure that the workplace is a safe, supportive environment. With rising rates of stress and burnout affecting all sectors, businesses cannot afford to ignore the impact this has on attendance, productivity, retention – and, increasingly, on their legal risk profile.
Rising stress levels have led to staff absences becoming one of the fastest growing causes of lost working days. Where employers fail to engage with these issues properly, routine absences can quickly escalate into grievances, disputes or tribunal claims. Beyond the financial implications, there are reputational risks and significant time costs associated with legal proceedings – all of which can be avoided with proactive measures.
The law in Northern Ireland imposes clear duties on businesses when it comes to mental health. At the broadest level, employers owe a duty of care under health and safety legislation to protect employees from foreseeable harm, including stress and psychological injury. In addition, many mental health conditions can qualify as disabilities under the Disability Discrimination Act 1995. This places a legal obligation on employers not to discriminate and, where appropriate, to make reasonable adjustments to support affected employees.
When those obligations are overlooked, the consequences for employers can be costly. We are increasingly seeing industrial tribunal claims rooted in mental health issues, often with significant financial awards where discrimination is proven.
These legal requirements may seem daunting, but they align with good business practice. Some of the most effective steps are also those that cultivate a positive workplace culture – training managers to identify early signs of distress, encouraging open communication and engaging occupational health professionals when necessary.
Employers should also ensure that they have well-communicated policies and procedures in place for absence management and wellbeing support.
Getting this right is not just about minimising legal risk. A proactive approach can strengthen staff retention, reduce absenteeism and enhance an employer’s reputation in an increasingly competitive recruitment market.
Looking ahead, proposed changes under the ‘Good Jobs’ Employment Rights Bill are likely to place even greater emphasis on wellbeing. One of the bill’s central themes is improving work-life balance, including enhanced rights around flexible working. For employers, this is a timely opportunity to review policies and consider how best to support staff wellbeing in advance of new legislation. Doing so not only ensures compliance but also positions organisations as forward-thinking employers of choice.
As World Mental Health Day approaches on Friday (10th October), employers should take the opportunity to assess how they can foster healthier, inclusive and more productive workplaces. By embracing the spirit of World Mental Health Day, along with necessary legal requirements, employers can create working environments where people thrive, thereby reducing risk, building resilience and strengthening their organisation for the future.