❌You meant well. That won’t protect you.
They told you they were struggling.
You offered time off.
You nodded, listened, and showed empathy.
But you missed something big -
🚩Mental health can be classed as a disability under the Equality Act 2010.
And once that happens, it’s no longer just a conversation.
It’s a legal duty.
Here’s what most managers do (and why it’s risky):
↳ A few days off
↳ No Occupational Health referral
↳ No adjustments explored
↳ No notes taken
↳ No plan for return
The intention? Supportive.
The reality? Unlawful.
I supported a client whose manager handled things “informally.”
Anxiety was mentioned.
A few days’ rest granted.
No documentation.
No follow-up.
The employee returned.
Still overwhelmed. Still unsupported.
Three weeks later?
⚖️A grievance for disability discrimination.
They didn’t do it on purpose.
But they didn’t protect themselves either.
💡Mental health becomes a legal matter when:
→ It’s long-term or recurring
→ It affects daily functioning
→ It’s medically recognised
That triggers:
→ The duty to make reasonable adjustments
→ The duty to consult
→ The duty to keep records
If you’re managing someone with a mental health condition, here’s what to do:
↳ Refer to Occupational Health - not your opinion
↳ Hold a formal support meeting
↳ Discuss adjustments together
↳ Record actions taken
↳ Review progress regularly
This isn’t about being strict - it’s about being safe.
For them and for you.
Handled properly, it builds trust.
Handled informally, it builds claims.
🧠Mental health isn’t just HR’s problem.
It’s leadership. It’s culture. It’s law.
I want to know- have you ever been overwhelmed or confused on how to communicate with an employee with anxiety or depression? 👇🏽
Founder of HR Habitat, award winner of "Best HR & Employment Law Consultancy, 2024" title. As featured in BBC Oline, BBC Asian Network Radio, Telegraph & more.
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