Employer’s responsibilities around mental health?
In layman’s terms (full law click here):
- An employer has a duty to make reasonable adjustments.
- If the adjustments are deemed ‘reasonable’ within their resources, and not implemented, the employer would have to defend their failure to provide these adjustments in a court of law.
- Clauses 3, 4 and 5 of section 20 of the Equality Act impose a duty on employers to make reasonable adjustments.The duty is set out in sections 20 and 21 of the Equality Act. Click here to read more
Does an employer have to make these adjustments?
Yes, failure to comply can result in prosecution. If an employer does not comply with the duty to make reasonable adjustments they will be committing an act of unlawful discrimination. The Act does not permit an employer to justify a failure to comply with a duty to make a reasonable adjustment.
Adjustments can be simple and inexpensive (check our prices), but must be effective, practical and affordable. Adjustments must be made and monitored.
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Mental health falls under the category of disability.
The Equality Act 2010 is the law that gives everyone the right to challenge discrimination. Protected characteristics, such as gender, age or disability. Mental health falls under the category of disability.
‘Disability’ has a special legal meaning under the Equality Act, which is broader than the usual way you might understand the word.
|The Equality Act says you have a disability if you have a physical or mental impairment that has a substantial, adverse, and long-term effect on your ability to carry out normal day-to-day activities.
The focus is on the effect of your mental health problem, rather than the diagnosis.
If you employ one person or more, this law applies to every business.
Providing mental health solutions for your company is not only an investment, it’s the law. It shows employees that they are valued by their company, that their wellbeing is cared for, and that their employer is committed to providing them with a healthy working environment.
This is where we step in.
Mental Health Solutions in Business is here to help employers understand mental health problems and provide mental health support. Our various CPD Accredited online courses and counselling service are perfect for large and small business alike. We are the only NHS UK approved online counselling clinic.
Don’t take the risk. Help protect your business and employees. Sign up for a membership today.
Help avoid expensive tribunals and prosecution
Employment tribunals account for 23%, of which mental health tribunals account for over 6% and is the fastest growing claims area.
Prosecution and convictions in mental health disputes are increasing faster than in any other tribunal cases and at an all time high in 2017.
2018 claims are already up by 90% over the previous period.
You can find a copy of the Equality Act here.
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This disability act (2-2-1) is being amended on a regular basis (significant changes 2017). This site is updated in accordance with any adjustment to relevant law. Keep up with the changes or risk the consequences.
Find a copy of the Equality Act here.