Mental Health at Work: Employer Duty of Care

Employers have a duty of care for the mental as well as physical health of their workers. This is not a separate legal obligation — it flows from the general duty under the Health and Safety at Work Act 1974 and the implied duty of trust and confidence in every employment contract. Breach of that duty can underlie a personal injury claim, a constructive dismissal claim, or a disability discrimination claim.

A worker with a mental health condition that has a long-term, substantial effect on their day-to-day activities is likely to meet the Equality Act definition of disability. That triggers the duty to make reasonable adjustments — which might include changes to hours, role, workload, or the management approach. Ignoring a known mental health issue is not a neutral act: it is a potential breach of the duty to make adjustments.

The practical steps are not complicated: a mental health policy, trained mental health first aiders, a culture where managers check in rather than just monitor output, and an EAP (Employee Assistance Programme) that gives workers access to confidential support. Mellow's absence module tracks patterns that may signal mental health difficulty — repeated short absences, particularly around specific days or people — and presents this data to HR for early intervention.