Is your business ready for the updates to Mental Health legislation?

On the 10th October it is World Mental Health Day, with the theme for this year, being “access to services – mental health in catastrophes and emergencies”.

While that does not relate directly to many an occupation, mental health awareness has rarely been out of the headlines for the past decade. Prominent figures such as Prince William often speak on the topic. It was his brother Harry who observed:

 “We all have mental health in the same way that we have physical health.”

As an employer, you have probably been mindful of employee mental health at least since COVID. And you may have had to deal with complex issues with mental health as the root cause.

Changes afoot

As the conversation has shifted, the government felt that the Mental Health Act 2001 did not reflect contemporary attitudes and obligations and that it was letting vulnerable people down. The Mental Health Bill 2024 began working its way through government in 2024, but has stalled somewhat after a change of government.

When (or if) it passes into law, we should note that it is far broader than a piece of employment legislation, but it will impact how you manage mental health in your business. In many cases this will be a subtle shift, as equality legislation already recognises mental health conditions. However, it will raise the bar of how you respond to mental health issues.

Here is a checklist of some of the areas in which you may need to make changes.

Mental health policy

It is a good time to review your company handbook and create a mental health policy if you don’t have one already, as a number of policies like sickness absence, performance management and return-to-work-procedure need to be compliant. Do they reflect the correct referral process and adequately address confidentiality expectations, for example?

Mental health risk assessments

You have a duty of care towards all employees. You may need to give greater attention to mental health dangers within company risk assessments, ensuring you are proactively managing conditions such as burnout, anxiety and PTSD (more relevant to some sectors/roles than others).

Mental health training

Line managers will be able to perform better for you if they understand the intricacies of mental health, from spotting the early signs of burnout, to having sensitive conversations with staff struggling with anxiety.

Paid sick leave has recently been introduced, and poor mental health is a legitimate reason to claim it. Improving the way mental health issues are managed could translate into significant savings at an individual business level.

We offer a range of in-person workshops and eLearning modules that can fulfil this for you.

Mental health first aiders

Continuing the training theme, many businesses choose to have a mental health first aider trained up within their workforce. These are mental health champions who know how to spot the early signs of trouble; can triage effectively; take some of the strain off direct line management; and by their very existence reduce stigma around mental health. Ask us, if this is of interest.

Always here to help you

Many business owners and managers can feel out of their depth when it comes to mental health and the workforce. Getting it wrong can lead to damaging outcomes like long-term sickness absence. We are always here to help you navigate the correct path, reflecting the latest legislation.