4. The law and mental health

This Chapter sets out the main legislation covering mental health at work, indicating how it can be utilised by union reps seeking to negotiate over employers’ policies and practice.

It focuses largely on the equality obligations owed by employers under the Equality Act 2010, which can be used by union reps to help ensure employees with mental health problems are not discriminated against and can work in an environment that is supportive. It includes some useful examples of employment tribunal rulings (for which case references are set out here in italics), although others are provided in the relevant later Chapters.

Employers also have obligations to prevent their workplaces from creating or exacerbating mental health problems — this Chapter contains a summary of the employer’s statutory health and safety duties (see pages 20-21).