Now that your client is aware of a problem, they should meet the employee to discuss what they need in terms of support.
Disability and the duty to make reasonable adjustments
Mental health can be a disability under the Equality Act 2010 (EqA), where it has a substantial and long-term effect on the ability to perform day to day tasks. Your client’s employee may fit this definition. If so they have a duty under the EqA to make reasonable adjustments at work to remove or reduce any disadvantages faced as a result of the disability. These can include:
• making changes to the building or premises
• changing the way in which work is done
• providing specialist or specific equipment
These adjustments must be reasonable, considering how:
• effective it will be in helping them do their job
• practical it is to do it
• much disruption, if any, would be caused to the business or other people by making the adjustment
• much, if at all, the adjustment would cost, while considering the size and resources of the company.
Acas guidance on mental health reasonable adjustments
Acas have recently released guidance on reasonable adjustments for mental health in the workplace that will be of assistance to your client. This was created to help employees stay in work whilst recovering from or managing a mental health condition.
Acas recommend following this guidance even where employees are not disabled under the EqA as “…simple changes to a person’s working arrangements or responsibilities could be enough to help them stay in work and work well”. (Acas guidance).
Reasonable adjustments
Acas guide provide a number of examples of reasonable adjustments, depending on the individuals needs and the size and resources of the company. The broadly fall into the following categories:
• changes to someone’s physical working environment
• changes to someone’s working arrangements
• finding a different way to do something
• adapting the way policies are applied
• providing equipment, services or support
Managing employees with reasonable adjustments
Acas also offers guidance to employers in managing employees with reasonable adjustments for mental health, in recognition of the fact many line managers may not feel comfortable addressing this. They might not know what to say, find it difficult to see how the condition is affecting the employee, or do not know what their obligations are. However, managers play a crucial role in the success or failure of reasonable adjustments due to their close relationship with their direct reports.
Your client should therefore support the employee’s manager supporting the employee. This should be on the need to be flexible and provide ongoing support, and not expect improvements immediately or consistently, as mental health conditions can fluctuate in their severity. The manager will need to open to trying different approaches until something is found that works everyone. Regular check-ins are a good way to do this.
Seeking external support should also be encouraged, where appropriate. If your client has an employee assistance programme, then counselling and guidance may be available through that. An occupational health review could also help identify reasonable adjustments. There may also be charities and other organisations that are able to assist in helping this employee to stay in work.
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