Breaking the Stigma: Debunking Mental Health Myths in the Workplace

Myth 1:

“Mental health isn’t a valid reason to take time off work.”

Fact: Mental health conditions are just as valid as physical ones when it comes to taking time off work. If an employee is unfit for work due to mental ill health, they are entitled to sick leave in the same way they would be for a physical condition. They may also be eligible for Statutory Sick Pay (SSP) under the Social Security Contributions and Benefits Act 1992. Employers have a legal duty to consider and, where appropriate, implement reasonable adjustments to support an employee’s return to work and help them manage their mental health in the workplace. Even if no specific adjustments are necessary, employers should still ensure a supportive, flexible approach, such as offering a phased return, regular check-ins, or temporary changes to duties based on each individual employee’s needs.

 Myth 2:

“Mental health support is a ‘nice to have’, not a legal requirement.”

Fact: Mental health support in the workplace is not optional; it is a legal requirement. Under the Health and Safety at Work Act 1974, puts a 'duty of care' on employers to protect their employees from the risk of stress at work. The Management of Health and Safety at Work Regulations 1999 further require employers to carry out a suitable and sufficient assessment of risks to their employees’ health and safety. This means employers must identify and consider any risks to their employees’ mental health and take steps to prevent or reduce stress at work. Ignoring these obligations can lead to legal consequences, particularly where mental health issues amount to a disability under the Equality Act 2010.

 Myth 3:

“Mental health issues don’t need to be considered during probation periods.”

Fact: Probation periods do not exempt employers from their legal responsibilities. Employees are protected under the Equality Act 2010 from the start of their employment, including during probation. This means employers must not discriminate against any employees on the basis of their mental health at any time during their employment, and provide reasonable adjustments where necessary.

 Myth 4:

“Mental health conversations are informal and don’t need to be documented.”

Fact: Mental health discussions in the workplace should be approached with empathy and confidentiality. However, they should be documented when they pertain to workplace adjustments, performance, sickness absence, or ongoing support needs. Accurate documentation ensures a clear record of what was discussed, what support was offered, and any actions agreed upon. It also protects both the employee and the employer by demonstrating that concerns were taken seriously and appropriate steps were considered or taken in response. In the event of a dispute, grievance, or legal claim (e.g. under the Equality Act 2010), having accurate records can be crucial in showing that the employer acted reasonably. Importantly, while documentation is essential, it must still respect the confidential nature of these discussions and comply with data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

 Myth 5:

“A mental health condition must be diagnosed to qualify as a disability.”

Fact: A formal medical diagnosis is not required for a mental health condition to be legally recognised as a disability under the Equality Act 2010. The Act defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

This means that even without a formal diagnosis, an individual’s mental health condition may still be protected under the Act if it significantly impacts their daily functioning and has lasted, or is likely to last, at least 12 months or for the rest of their life.

If an employee is experiencing mental health difficulties, support and reasonable adjustments should be based on their needs, not on whether they have a confirmed diagnosis.