Supervising Mental Health at Work

Mental wellbeing can be one of the most difficult issues to manage in the workplace for employers. Under the Safety, Health and Welfare at Work Act 2005, the employer is responsible, as far as is reasonably practicable, for the safety, health and welfare of his or her employees. This duty extends to hazards that can adversely affect the employee physically and psychologically. The employer is required to identify and assess risks that exist to its employees and the context and content of the work they undertake and monitor risk factors in the work practices to ensure they do not adversely impact on employees’ mental and physical wellbeing.

Where the employer becomes aware of an employee with mental health issues, under common law, the employer has a duty of care to ensure that so far as is reasonable, they have access to facilities and arrangements for their welfare in line with providing a safe working environment, e.g. employee assistance programmes, alternative employment, reduction in hours or part-time work.