Last month, Acas released new guidance to help support employers and employees when dealing with reasonable adjustments at work, recognising that mental health should be treated as seriously and with the same care as a physical illness.
Mental health includes emotional, psychological, and social well-being. Mental health problems can happen suddenly because of a specific event or can build up gradually over time. They can be hard to spot because everyone deals with them differently and a lot of people try to hide them. They can also fluctuate which means that an employee’s needs might change.
Employers and employees should work together to agree and review reasonable adjustments over time to make sure that the adjustments work well. But what are reasonable adjustments?
Reasonable adjustments
Reasonable adjustments are changes that an employer makes to remove or reduce a disadvantage related to someone’s disability. Disability is defined in the Equality Act 2010 as:
“A mental or physical impairment that has a substantial and long-term adverse effect on a person’s ability to carry out day to day activities.”
Some people might not recognise their mental health condition as a disability but it is important that employers are aware that it could be.
Examples of reasonable adjustments are:
- Making changes to the workplace;
- Changing someone’s working arrangements;
- Finding a different way to do something; and
- Providing equipment, services, or support.
However, what is “reasonable” depends on each situation. An employer should take into account whether the adjustment will remove/reduce the disadvantage, is practical to make, is affordable, and whether it could harm the health and safety of others.
What is the benefit to employers?
Apart from the legal obligations under the Equality Act 2010, employers should take into consideration the moral aspect and recognise that everyone should have a fair opportunity to succeed in the working environment, regardless of their situation.
Employers should also consider the financial implications of not caring for an employee’s mental health. On average poor mental health costs UK employers up to £45 billion every year. By supporting employees, employers can significantly reduce the cost risk.
Need support?
It can be difficult to know where to start with managing mental health in the workplace. For example, whether you should agree to reasonable adjustments or whether a mental health condition is protected under the Equality Act 2010.
The new Acas guidance advises that employers review and revise their existing policies to ensure they are fit for purpose and recommends a reasonable adjustment policy.
How can we help
Kate Frisby is a Trainee Solicitor at Nelsons.
For advice on or further information in relation to the subjects discussed in this article, please contact Kate or a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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