Read more about: Employment, Latest news,
18 May 2023
ACAS, in conjunction with Affinity Health at Work, has launched new guidance on reasonable adjustments for mental health at work. It contains guidance for both employers and workers.
The guidance covers:
Reasonable adjustments are actions an employer can take to reduce/remove a disadvantage related to someone’s disability. Employers must make reasonable adjustments when they have a PCP (Provision, Criterion or Practice) which puts someone, with a disability, at a substantial disadvantage.
The Law (Equality Act 2010) says that employers must make reasonable adjustments for: workers, job applicants, contractors and self-employed people hired to personally do work.
The employer must make a reasonable adjustment to alleviate a disadvantage if:
Mental health is a person’s emotional, psychological, and social wellbeing.
Employers and employees should work together to agree and review reasonable adjustments over time to make sure that the adjustments work well. Making reasonable adjustments helps to retain employees and reduce absence at work. It also helps create a healthy work culture.
Examples of reasonable adjustments for mental health:
When responding to reasonable adjustments for mental health requests, you should:
In the meeting you should:
After the meeting, you should confirm the agreed reasonable adjustments in writing.
As with any sickness absence that could be long running, you should record how the employee wants to be kept in contact with. Knowing the frequency, method of communication, and who they are communicating with can be very useful.
It is sometimes difficult to have discussions with people about their mental health. There are some easy and subtle ways to effectively manage those who are struggling with mental health. Recognising changing behavior, being flexible in your approach to adjustments, showing on-going support, and knowing when to ask for help from others (i.e. senior leaders, HR, OH) are all key to managing your employees.
It is important to note that reasonable adjustments might not work straight away. Managers should monitor how the adjustments are impacting the employee, review the reasonable adjustments as agreed, and arrange regular check-ins with the employee to see how the reasonable adjustments are working.
Most organisations have absence and reasonable adjustment policies in place. Employers are encouraged to review their policies to ensure they account for mental health issues.
A policy helps make clear how and when reasonable adjustments for mental health can be accessed, how managers can respond and support staff, how reasonable adjustments will be reviewed and monitored, and what happens if reasonable adjustments are not working for the person.
The policy should reference a mental health strategy, include activities to raise awareness of mental health, contain information on any internal support available, and provide information on manager training and support.
This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any of the issues raised in this article, please contact us today by telephone or email enquiries@sharpepritchard.co.uk.
