New ACAS guidance on mental health and reasonable adjustments in the workplace
“Disability” is defined in the Equality Act 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. Employers’ obligations to make reasonable adjustments therefore apply equally to employees experiencing mental health conditions as for employees with a physical disability.
When faced with a “disabled” employee it usually requires an employer to undertake a risk assessment, establishing what adjustments can be made to an employee’s work area or managing workload/amending responsibility/altering hours to provide the appropriate support to place a disabled employee at no disadvantage to a non-disabled colleague. Once adjustments are considered, it is then appropriate for employer and employee to hold a meeting to discuss what changes are reasonable in the circumstances.
Often, employers face difficulties when it comes to mental health. Firstly, they question whether the illness qualifies as a “disability” for the legislation purposes, which may be less clear cut than more obvious physical conditions. It also appears that employers fear that a dialogue may aggravate the employee’s condition. The ACAS guidance is now on hand to promote open dialogue. It also provides practical tips for improving the wellbeing, productivity and retention of staff when tackling mental health concerns head on.
Posted on 06/13/2023 by Ortolan
