What reasonable adjustments can employers make for employees' mental health?

Under the Equality Act of 2010, employers are legally required to make reasonable adjustments which are accommodations to alleviate or minimize disadvantages experienced by individuals with disabilities in relation to their employment or the employer's facilities. Disability is defined as a lasting and significant physical or mental condition that impairs an individual's capacity to carry out routine daily tasks. To be disabled an individual has to have a physical or mental health impairment that has a significant impact on their ability to carry out day to day activities and which is long term by which we mean that it has either already lasted or is likely to last for 12 months or more. 

Under the Equality Act of 2010, it is a legal requirement for employers to make reasonable adjustments for:

• Workers.
• contractors and self-employed people hired to personally do the work.
• job applicants.

This duty only arises where an employer knows, or could reasonably be expected to know, about an individual’s disability.

What is the new ACAS guidance on reasonable adjustments?

ACAS has recently issued guidance which emphasises the need to treat mental health issues with the same level of care as physical impairments. It recognises that mental health impacts an individual's emotional, psychological, and social well-being within the workplace. It's important to note that this guidance does not introduce any new legal obligations; rather, it serves as a valuable resource and reminder for both employers and employees when it comes to supporting individuals with mental health conditions at work.

While not legally mandated, ACAS also suggest that employers should contemplate implementing reasonable adjustments, even in situations where an employee's challenges are unrelated to a disability. The following is included in the new guideline by ACAS;

• Offers direction on addressing mental health conditions.
• Supplies examples of potential reasonable adjustments.
• Outlines the recommended process for both employees and employers when considering reasonable accommodations.
• Encourages employers to establish a reasonable adjustment policy.Top of Form

Why should employers make reasonable adjustments?

Employers should consider implementing reasonable adjustments even in cases where the issue is not related to a disability. Often, simple modifications to an individual's work arrangements or responsibilities can prove effective in enabling them to maintain employment and perform effectively.

Here are some key benefits of reasonable adjustments for mental health:

• They can facilitate employees in remaining employed while they recover from or manage a mental health condition.
• These adjustments can enhance employees' safety and productivity.
• ACAS highlights that making reasonable adjustments can positively impact employee recruitment, retention, and training costs, while potentially reducing absenteeism and boosting productivity.
• Implementing reasonable adjustments for mental health can enable employers to foster a healthy workplace culture, promoting mental health awareness and showcasing a commitment to best practices.

What kind of reasonable adjustments can be made?

Reasonable adjustments are individually tailored to address specific needs and should therefore be discussed with the individual and possibly be explored further through an occupational health referral.  Typically, they will encompass various aspects of work, which may include:

• Adjusting working hours and schedules
• Modifying the physical work environment
• Changing work arrangements
• Exploring alternative approaches to tasks
• Adapting the application of policies
• Providing necessary equipment, services, or support

The disability provisions have been in place since the Disability Discrimination Act was introduced in 1995.  Initially adjustments were very much focused on the physical changes needed.  Ramps for wheelchair users and other accessibility measures were the primary consideration.  Ove the past 30 years those adjustments have been expanded to cover every aspect of an employees situation – the when, where, how that they do their job – and further to include adjusting tolerances.  So if you are considering the level of attendance you might have to adjust your usual trigger points to allow for more absence for an employee with a long term medical condition.  Similarly your tone and manner in management meetings and your level of empathy, support and consideration should be adjusted for those who have disabilities.

Mental health challenges can persist for varying durations, ranging from weeks to months or even long-term. Therefore, it's essential to regularly reassess and revisit these reasonable adjustments and to understand how effective they are and whether they need to be adjusted, expanded, or withdrawn.

To facilitate this process, organising follow-up meetings to assess the effectiveness of the work adjustments can prove valuable. The frequency of these meetings, whether they occur weekly, monthly, or less frequently, should be determined based on the specific circumstances.Top of Form

The obligation to make reasonable adjustments falls to the employer and there is no obligation on the part of the employee to make suggestions or flag the issues that they feel need to be adjusted or the manner and extent of the adjustment.  There is an onus on the employer to be creative in this regard and most employers will need to make some enquiries as to the nature of the employee’s impairment and the possible adjustments that might be needed.  To demonstrate that they have considered this fully and to gain access to additional information as to needs and adjustments it is recommended that they engage with Occupational Health services and obtain a medical report to inform their decision making.

If you have questions about how you can support an employee with reasonable adjustments or would like help drafting a policy to support such adjustments, contact our Employment Team today by emailing employment@warnergoodman.co.uk or call 023 8071 7717.