Home / New ACAS guidance on reasonable adjustments for mental health
30th May 2023
ACAS has recently published new guidance for both employers and employees on making reasonable adjustments for mental health in the workplace. The guidance includes:
What are reasonable adjustments?
Reasonable adjustments are changes an employer makes to remove or minimise a substantial disadvantage that an individual is facing due to their disability.
Under the Equality Act 2010, employers have a legal obligation to make reasonable adjustments for job applicants, employees and previous employees who suffer from a disability. This duty only arises where an employer knows, or could reasonably be expected to know, about an individual’s disability.
A disability is a physical or mental impairment which has a substantial and long-term adverse effect upon an individual’s ability to perform day-to-day activities. This means that employees suffering with mental health conditions can be deemed to have a disability and employers should treat them with the same care as those suffering from a physical disability.
If an employer does not consider or implement reasonable adjustments for a disabled employee, they could face claims for failing to make reasonable adjustments, discrimination arising from disability and indirect discrimination.
Key points from the guidance
Whilst the guidance does not create any additional legal obligations, it is a helpful guide on how to support employees with mental health conditions in the workplace. The guidance also demonstrates best practice which tribunals will certainly consider when deciding if an employer has complied with their duty to make reasonable adjustments. Successful claims for disability discrimination attract unlimited compensation including compensation for injury to feelings. The most recent annual report of employment tribunal statistics revealed that the largest award for disability discrimination was £225,893.
You can view the guidance in full here
If you need further advice about making reasonable adjustments in the workplace, the ACAS guidance or updating your policies on mental health and reasonable adjustments, please contact Lauren Ogden on 0161 912 6150 or email@example.com.