Legal
Duty of Care for Mental Health: What UK Employers Need to Do
An employer's duty of care covers mental health as well as physical safety. In the UK, employers must take reasonable steps to protect employees from foreseeable psychological harm, such as harm caused by work-related stress. In practice, that means assessing the risks to mental health, acting on warning signs, making reasonable adjustments and giving people access to support.
This guide explains what the law requires, when harm is likely to be "foreseeable", and the practical steps employers can take. For an overview of duty of care as a whole, read our guide to duty of care: what employers need to know.
Why mental health is central to your duty of care
Poor mental health is one of the biggest risks to employee wellbeing in the UK. According to the Health and Safety Executive (HSE), 964,000 workers suffered from work-related stress, depression or anxiety in 2024/25, leading to 22.1 million working days lost.
Behind those figures are real people, and real legal and financial risks for employers. Getting your duty of care right for mental health protects your people, and it protects your organisation from claims, absence and lost productivity.
What the law says about mental health at work
Several areas of law make up an employer's duty of care for mental health.
The common law duty of care
Employers have a common law duty to take reasonable care to protect employees from foreseeable harm, and the courts have confirmed that this includes psychiatric harm, such as a breakdown caused by work-related stress. If an employer fails to take reasonable steps and an employee is harmed, the employee may be able to bring a negligence claim.
Health and Safety at Work etc. Act 1974
Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. "Health" includes mental health.
Management of Health and Safety at Work Regulations 1999
Employers must assess risks to health, including work-related stress, and put preventative measures in place. If you employ five or more people, you must record the significant findings of your risk assessment.
Equality Act 2010
A mental health condition, such as depression or anxiety, can be a disability under the Equality Act if it has a substantial and long-term adverse effect on someone's normal day-to-day activities. If it does, employers must make reasonable adjustments, and must avoid discrimination, harassment and victimisation linked to the condition.
Data protection
Information about someone's mental health is special category data under UK GDPR. Employers must handle it confidentially, store it securely and share it only on a need-to-know basis.
When is psychological harm "foreseeable"?
Foreseeability is central to whether an employer has met its duty of care for mental health. In general, employers can assume that an employee can cope with the normal pressures of their job, unless they know, or ought reasonably to know, that there's a problem.
Harm is more likely to be foreseeable when:
an employee has told you they're struggling, or has raised concerns about their workload
an employee has had previous stress-related absence, particularly if it was linked to work
there are clear warning signs, such as changes in behaviour, performance or attendance
a team or role has known high levels of stress, for example from a stress risk assessment or high absence rates
Once a risk is foreseeable, employers are expected to act. For real UK cases that show how the courts approach this, see our duty of care examples.
What employers must do to meet their duty of care for mental health
1. Carry out stress risk assessments
Assess the risk of work-related stress across your organisation, and act on what you find. HSE's Management Standards cover the six main causes of work-related stress: demands, control, support, relationships, role and change. Use them to identify and reduce risks at their source. Read our guide on how to reduce work-related stress.
2. Act on warning signs early
When someone shows signs of struggling, act promptly. Have a private, supportive conversation, ask what would help, and agree practical next steps, such as reviewing their workload or signposting support. Learn how to spot the early signs of stress in your team.
3. Make reasonable adjustments
Adjustments can help employees with mental health conditions stay in work or return sooner. Examples include flexible hours, a temporary reduction in workload, time off for therapy appointments, a quieter workspace or a phased return after absence. Review adjustments regularly.
4. Support employees during and after absence
If an employee is off work because of their mental health, keep in touch in a supportive, agreed way, follow any advice on their fit note, and plan a safe return to work. Read our guides to mental health sick leave and managing sickness absence.
5. Tackle bullying and harassment
Bullying and harassment are major causes of psychological harm at work. Have clear policies, investigate complaints promptly and fairly, and support everyone involved. Employers also have a legal duty to take reasonable steps to prevent sexual harassment of their employees.
6. Provide access to confidential support
Give employees confidential, professional support, such as an Employee Assistance Programme (EAP), so they can get help early, before problems escalate.
Support your duty of care with a 24/7 EAP
The role of managers
Managers are often the first to notice when someone is struggling, and how they respond can make a real difference. Train your managers to:
recognise the signs of stress and poor mental health
start supportive conversations and listen without judgement
review workloads and agree practical adjustments
signpost support, such as your EAP
keep health information confidential
know when to escalate concerns to HR or occupational health
HSE's Working Minds campaign offers a simple framework for managers, built on five steps: Reach out, Recognise, Respond, Reflect and make it Routine. Read more about how an EAP supports managers.
Duty of care for remote and hybrid workers' mental health
Your duty of care for mental health applies wherever people work. Remote and hybrid workers can face particular risks, including isolation, blurred boundaries between work and home, and overwork that's harder to spot.
Regular check-ins, clear expectations about working hours and availability, and easy access to support all help. Read our guide on how to support remote employees through an EAP.
Is an EAP enough to meet your duty of care?
An EAP is an important part of meeting your duty of care for mental health, but it isn't enough on its own. The courts have found that offering counselling doesn't meet an employer's duty if it knows about a problem, such as an unmanageable workload, and doesn't address the cause.
An EAP works best as part of a wider approach that includes stress risk assessments, manager training, reasonable adjustments and practical changes to how work is organised.
How Wisdom Wellbeing supports your duty of care for mental health
Wisdom Wellbeing's Employee Assistance Programme (EAP) helps employers meet their duty of care for mental health, with:
24/7, 365 confidential counselling and support for employees and their families
a management support line and counselling for managers
critical incident support after traumatic events
self-help tools and wellbeing resources in the Wisdom app
Wisdom Super Care adds:
Active Care, our Day 1 intervention for stress-related absence
Mental Health First Aid trainingfor employees in England
FAQs
Does an employer's duty of care cover mental health?
Yes. An employer's duty of care covers both physical and psychological harm. Employers must take reasonable steps to protect employees from foreseeable mental health harm, such as harm caused by work-related stress, bullying or excessive workloads.
Can an employer be sued for work-related stress?
Yes. If an employee suffers psychiatric harm caused by work, and the harm was reasonably foreseeable, an employer that failed to take reasonable steps to prevent it may face a negligence claim. Employers may also face claims under the Equality Act 2010, for example for failing to make reasonable adjustments for a mental health condition.
Do employers have to carry out a stress risk assessment?
Yes. Employers must assess risks to health at work, including work-related stress. If you employ five or more people, you must also record the significant findings of your risk assessment.
Is depression or anxiety a disability under the Equality Act?
It can be. Depression, anxiety and other mental health conditions are disabilities under the Equality Act 2010 if they have a substantial and long-term adverse effect on someone's normal day-to-day activities. If the test is met, employers must make reasonable adjustments.
What should a manager do if an employee says they're struggling with their mental health?
Listen without judgement, keep the conversation confidential and ask what would help. Agree practical next steps, such as reviewing their workload or making temporary adjustments, and signpost support, such as your EAP. Keep a record of what's been agreed, and follow up regularly.
Is an EAP enough to meet our duty of care for mental health?
No. An EAP is an important part of supporting employees, but it isn't enough on its own. Employers must also assess and address the causes of work-related stress, train managers, make reasonable adjustments and act on warning signs.
Related articles
Duty of Care: What Employers Need to Know
Duty of Care Examples: 12 Workplace Scenarios for UK Employers
How to Reduce Work-Related Stress: 6 Ways to Support Staff
How to spot the early signs of stress in your team
Wisdom Wellbeing
Wisdom Wellbeing is the UK and Ireland’s leading EAP provider. Specialising in topics such as mental health and wellbeing, they produce insightful articles on how employees can look after their mental health, as well as how employers and business owners can support their people and organisation. They also provide articles directly from their counsellors to offer expertise from a clinical perspective. Wisdom Wellbeing also writes articles for students at college and university level, who may be interested in improving and maintaining their mental wellbeing.
Support your employees with an EAP
With an Employee Assistance Programme (EAP) from Wisdom Wellbeing, we can offer you practical advice and support when it comes to dealing with workplace stress and anxiety issues.
Our EAP service provides guidance and supports your employees with their mental health in the workplace and at home. We can help you create a safe, productive workspace that supports all.
