Small steps and everyone’s a winner: New ACAS Guidance on reasonable adjustments to support mental health

What’s new?

Acas has published new guidance for employers and employees on making reasonable adjustments in the workplace to support employees suffering with mental health problems. Helpfully the guidance also includes a number of ‘real-life’ practical case studies showing how some organisations have implemented reasonable adjustments for mental health problems. There are also employer and employee factsheets, and template letters available.

Under the Equality Act 2010 (the Act), employers have a duty to make reasonable adjustments at work for employees who are disabled within the definition in the Act. This includes disabilities associated with mental health problems. Even if an employee’s mental health problem may not qualify as a ‘disability’ under the Act (perhaps because it’s unlikely to be long term) employers should still try to make reasonable adjustments where possible. Some people might not recognise or consider their mental health condition as a disability, but it's important to be aware that it could be.

It’s important for employers to take employees’ mental health problems seriously and with the same care as they would for any physical disability. The aim of the duty to make reasonable adjustments is to ensure adjustments are made to reduce or remove those working practices which disadvantage a disabled person (whether those barriers are physical or policy and practice-led). Simple changes to someone’s working arrangements or responsibilities could make a big difference at an early stage.

The new Acas guidance sets out:

• What reasonable adjustments for mental health may look like.
• Examples of reasonable adjustments for mental health including: changing a person's role or responsibilities, reviewing working relationships and communication styles, changing the physical working environment, and making policy changes.
• Requesting reasonable adjustments for mental health.
• Responding to reasonable adjustments for mental health requests.
• Managing employees with reasonable adjustments for mental health.
• Reviewing policies with mental health in mind.

Why it’s important?

Mental health is a hot topic, not least because of the overwhelming evidence around how poor mental health can impact on wellbeing, productivity, absence levels and retention. Fortunately, there is increasing awareness around the importance of protecting and supporting employees’ mental health in the workplace, and just how big the impact can be of making (often small) adjustments to working practices when it comes to retaining staff, reducing absences and promoting a positive and productive work culture attractive to both current and future staff.

Add to this the fact that the duty to make reasonable adjustments is a legal obligation, and complying with that duty can go a long way to reducing the risk of litigation. Disability discrimination claims are usually both complex and time-consuming to defend. Whilst a failure to put in place reasonable adjustments can lead to claims for disability discrimination, it can also open the door to other claims, such as unfair dismissal. Employees may be able to claim for loss of earnings (£uncapped) as well as injury to feelings up to £56,200 (or more in very serious cases).  

The new guidance is thorough, thoughtful and practical. I will assist employers to navigate difficult conversations sensitively and ensure that a broad range of supportive measures are considered.

From a legal perspective, while the guidance doesn’t have legal force, it will undoubtedly be used as a benchmark of good practice by employment tribunals in assessing whether an employer has acted reasonably and fairly in the circumstances. Both employers and employees would be well advised to follow it and the numerous examples and recommendations in the guidance will be useful for both parties.

What next?

1. Review the new Acas guidance. In summary it says this:

• Mental health is personal - adjustments need to be bespoke, regularly reviewed and tweaked according to the employee’s progress.
• Implementing effective reasonable adjustments for mental health is a ‘win-win’ situation for both employers and employees - helping employees to stay in work while recovering from or managing a mental health condition, reducing recruitment and training costs, decreasing absence and associated costs, and creating a healthy, happy and attractive work culture.
• Collaboration is important - potential adjustments should be explored by the employer and employee together. Factors to consider should include working arrangements, the physical working environment, adapting role/responsibilities, working relationships and communication.
• Practice makes perfect - The guidance offers practical suggestions to help both employers and employees prepare for meetings to discuss reasonable adjustments. Employers are usefully reminded that experiences of mental health may fluctuate and can be difficult to talk about (particularly when under pressure). To ensure support is suited to an employee’s ongoing needs, the employer should put in place follow-up meetings to review the effectiveness of the adjustments and make any further modifications, if necessary.
• Managers are key – they have a key role to play in supporting someone experiencing mental health conditions. Discussions around mental health can be daunting both for the employee and their manager, but the guidance suggests helpful ways of talking about adjustments and wellbeing. It also suggests ways to recognise the signs of mental health conditions, and processes to put in place for employees to disclose a mental health condition and receive appropriate support.
•  It’s all a work in progress - the guidance advises employers to review and revise their existing policies to ensure they are suitable for employees experiencing mental health conditions.

2. Ensure you are familiar with your obligations under the Equality Act 2010 in relation to reasonable adjustments. Review your policies to ensure they adequately deal with mental health issues in the workplace – Acas recommends a separate policy on mental health and reasonable adjustments.
3. Provide training to your managers on how to spot mental health issues in the workplace and how to manage workers with mental health conditions.  
4. Ensure you do not adopt a ‘one-size-fits-all’ approach and instead, deal with mental health conditions and reasonable adjustments on an individual basis.

Conclusion:

Engaging properly with the duty to make reasonable adjustments, and embedding a strong culture of health and wellbeing which is supportive and cares for your employees will, according to the stats, result in a more productive, engaged, and loyal workforce. The inevitable snowball effect will also help to attract and retain the best talent.

This new Acas guidance provides a timely reminder to review how your school supports mental health at work, and how confident your managers are when it comes to handling mental health concerns in their teams.

This topic will be discussed at the CASBAM Conference on Wednesday 17 May 2023 when our Legal Director at JustPeople HR, Natalie Ruane, will focus on employee well-being. If you would like to have a conversation about how our team can support you and your managers through training around mental health and managing sickness absence, please contact one of our team here at JustPeople HR.

 01768 216775

 getintouch@justpeoplehr.com