World Mental Health Day

Published: 10/10/2022
Written by Curwens Solicitors

Today is World Mental Health Day, a day to raise awareness of mental health issues around the world and to mobilize efforts in support of mental health.

Many aspects of mental health can be challenged challenged; already before the pandemic in 2019 an estimated one in eight people globally were living with a mental disorder.

The World Health Organisation (“WHO”) report that the COVID-19 pandemic has created a global crisis for mental health, fuelling short- and long-term stresses and undermining the mental health of millions. Estimates put the rise in both anxiety and depressive disorders at more than 25% during the first year of the pandemic. At the same time, mental health services have been severely disrupted and the treatment gap for mental health conditions has widened.

2022 Theme

Make mental health and wellbeing for all a global priority

For over 70 years, the World Federation for Mental Health has been working to make sure that mental health is treated on a par with physical health. Mental health problems exist in our lives, families, workplaces and communities, impacting everyone.

World Mental Health Day is a chance to talk about mental health in general, in and out of the workplace, how we need to look after it, and how important it is to talk about things and get help if you are struggling.

What is #mentalhealth?

Everyone has mental health and, like physical health, it fluctuates along a spectrum. It can vary from good mental well-being to severe mental health problems. Work can have a huge impact on mental health, often promoting well-being or triggering problems.

What does poor mental health include?

  • struggling with low mood,
  • stress,
  • anxiety

What are common mental health conditions?

  • depression,
  • anxiety,
  • phobias,
  • obsessive-compulsive disorders ,
  • bipolar disorder.

Mental health problems affect around one in four people in any given year. Work related stress is a form of poor mental health, defined by the Health and Safety Executive as a reaction to excessive pressure or other type of demand placed on an individual at work. Stress can be a significant cause of illness.

#Isolationnation

Guidance published by ACAS at start of the lockdown in March 2020  focussed on mental health support following a survey which found that half of people working from home felt isolated, and an even higher proportion were missing the social interaction of  work. With the ongoing impact of covid19, including lockdowns, childcare responsibilities and concerns of job and financial security expected to continue due to the rise in interest rates and economic uncertainty, never before has mental health been more at the fore.

Duty of care

Employers should recognise the risks that work-related stress can pose and be aware of other stress triggers even if at home. Employers have a duty of care towards their employees and to support those who may be continuing to work from home, or be planning a return to the workplace which is also often a cause of anxiety and worry, and put in place an adequate support systems to help those staff cope.

Employers tend to focus on managing physical health and safety, however it is a useful reminder that employers are legally required to ensure the "welfare" of their employees, and others, so far as reasonably practicable, when at work. This includes work-related stress.

Reasonable Adjustments

Employers and employees are reminded that if employees suffer from mental health conditions, there is a possibility that the condition would be deemed a #disability under the #EqualiltyAct2010, subject to satisfying the test required.

A mental health issue can be considered a disability under the law (Equality Act 2010) if all of the following apply:

  • it has a 'substantial adverse effect' on the life of an employee (for example, they regularly cannot focus on a task, or it takes them longer to do)
  • it lasts at least 12 months, or is expected to
  • it affects their ability to do their normal day-to-day activities (for example, interacting with people, following instructions or keeping to set working times)

A mental health issue can be considered a disability even if there are not symptoms all the time, or the symptoms are better at some times than at others.

Employers are under a duty to make reasonable adjustments. What could reasonable adjustments be?

  • Home working
  • Additional support from management
  • Supportive equipment
  • Reduction to workload
  • Rest Breaks
  • Exercise Breaks
  • Counselling

For further advice on how to manage mental health in the workplace please contact Kaajal Nathwani on This email address is being protected from spambots. You need JavaScript enabled to view it. or 020 8363 4444.

This article has been prepared for guidance purposes only and does not constitute legal advice.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).

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