Author: Kevin McKenna, Partner
The demand for mental health services has never been higher and according to NHS providers over 2 million people, made up of 1.5 million adult and half a million children and young people are on the waiting list for mental health care in England. This month we saw organisations of all sizes and from all sectors sharpen their focus on improving mental health in their workplaces and communities during Mental Health Awareness Week which took place from 12 to 18 May 2025 and the theme was ‘community’.
Employers are also under a legal duty to take reasonable care to ensure that the health of employees is not put at risk by excessive pressures or demands arising from the way work is organised. According to the Mental Health Foundation poor mental health in the UK costs employers and the economy an estimated £42 billion to £45 billion annually. So, it makes financial sense to look after your employees’ mental health, and even if it didn’t (and it does), employers are obliged to do it so the only real question left is: how do we ensure we do a great job of supporting employees with their mental health? Here are my recommendations that I have picked up from 27 years as a practising employment lawyer.
1. Be clear about the job or task. Poorly defined job roles and responsibilities are a major source of stress in the workplace. You expect one thing, your manager expects another. It’s fertile ground for frustration, resentment and stress. So, sit down with a job description periodically and think – is this what we agreed is the job?
2. Talk. Regular conversations about mental health can help to create a culture where mental health can be discussed openly and without stigma. Managers should adapt their management style based on the needs of each individual and ensure they are familiar with the resources and support available.
3. Have a clear policy on mental health and stress, addressing causes of stress. You can help your business and your colleagues by being clear about your approach to mental wellbeing in the workplace.
4. Carry out stress risk assessments. The HSE website has a template and some useful examples of how it might be applied in different workplaces. Don’t just copy it (the HSE tell you not to) but it is a good prompt for the kind of risks your business might have when it comes to mental health. You can find the template here. If you employ five or more workers, you are legally required to have a written stress risk assessment.
5. Appoint mental health first aiders and make their contact details easily accessible in the workplace and on the company intranet. There are many training courses available and funded by the government. Many of the courses are delivered online.
6. Monitor employee wellbeing and conduct surveys. If you are making the efforts to improve the mental health of your colleagues, see if it’s working. Also, as you have a legal duty to protect the mental health of your colleagues, get some evidence and this is a good way of doing it and informing your next steps.
7. Promote a work-life balance. Your people should be encouraged to consider flexible working arrangements to help them meet their responsibilities outside work and reduce the stress these can cause. They should take the breaks (such as a lunch break) they are entitled to during the day and take their annual leave entitlement each year. But balance might not mean more working remotely. Perhaps some people will benefit from being in work, getting help or being part of the team. When you think of remote working, remember that “remote” is a synonym for “isolated”, so balance is the key.
8. Get professional subject-matter expertise. In practice, the threshold for a person to meet the definition of being disabled under the Equality Act 2010 is quite low. In my view more employers should be seeking clinical and occupational health advice on the effect of long-term mental ill-health and using that advice to shape reasonable adjustments. The cost of good reports is a lot lower than the cost of an employment tribunal so get the best information you can about employees (with their consent) who are suffering from long-term mental illness.
9. EAP. Employee Assistance Programmes can provide round-the-clock support dealing with a range of personal problems that might have an adverse impact on wellbeing, health and performance at work. If you have an EAP, remind people it’s there. If you don’t have an EAP, try contacting the EAP Association who can help you find a provider and provide other resources. Find them here.
10. It’s not just down to the employer. We all have a part to play in our own health. Individuals should look after their own health and wellbeing at work by raising their awareness of what causes them stress. Stress levels can be reduced by taking regular breaks or going outside in breaks, telling the employer they are experiencing stress, asking for help and making use of any support and training on offer. When you are not in work, stay in contact with other people, have a routine, keep active, make time for activities you enjoy and reflect on what makes you feel more positive and what does not.
