2025 UK Employment Law Changes

Health & Safety 2 min read

What is the employer's duty regarding mental health at work?

Reviewed by Sarah Chen, Health & Safety Consultant, NEBOSH Last updated: 20 February 2026
Expert Answer

Employers have a legal duty to protect both the physical and mental health of their employees. While there is no single "mental health act" for the workplace, several pieces of legislation create obligations around psychological wellbeing.

Legal Framework

  • Health and Safety at Work Act 1974 — duty to ensure health (including mental health) of employees so far as reasonably practicable
  • Management of Health and Safety at Work Regulations 1999 — risk assessments must include psychosocial hazards (stress, workload, bullying)
  • Equality Act 2010 — mental health conditions that are long-term and substantially affect daily activities can qualify as a disability, triggering duties around reasonable adjustments

The HSE Stress Management Standards

The HSE has identified six key areas that can cause work-related stress if not properly managed:

  1. Demands — workload, work patterns, and the work environment
  2. Control — how much say the person has in the way they do their work
  3. Support — encouragement, sponsorship, and resources from the organisation and colleagues
  4. Relationships — promoting positive working and dealing with unacceptable behaviour
  5. Role — whether people understand their role and avoiding conflicting demands
  6. Change — how organisational change is managed and communicated

Practical Steps for Employers

  • Include mental health in your risk assessments
  • Train line managers to recognise signs of poor mental health
  • Create a supportive culture where employees feel safe to speak up
  • Consider appointing mental health first aiders
  • Provide access to Employee Assistance Programmes (EAPs)
  • Have clear policies on absence management that don't penalise mental health conditions

Our HR consultants can help you build a mentally healthy workplace. Get support.

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