Bosses: mind your business on mental health

Almost 6% of people in Ireland reported ‘bad’ or ‘very bad’ mental health in the 2025 CSO health survey.

A separate survey indicated that 50% of workers found their work mentally demanding or stressful, write Jacqueline Ho and Megan Hurley of Lewis Silkin.

Ahead of World Mental Health Day tomorrow (10 October), employers should examine their legal duties to workplace mental health and offer practical tips for supporting employees through mental-health challenges.

Minding your mind

World Mental Health Day is a timely reminder that employers’ obligations extend beyond the physical safety of their staff.

St Patrick’s Mental Health Services’ Annual Stigma and Attitudes to Mental Health Survey 2025 found that only 47% of respondents believed Irish workplaces were open to employing people with mental-health difficulties.

This should prompt employers to examine their own approach to mental health in the workplace.

Legal risks

The Workplace Relations Commission (WRC) has consistently found that mental-health conditions fall within the definition of disability under the Employment Equality Acts 1998-2015.

Employers must, therefore, provide reasonable accommodation, unless doing so would impose a disproportionate burden.

Employers also have a duty under the Safety, Health and Welfare at Work Act 2005 to protect employees’ safety, health, and welfare, as far as reasonably practicable, including from psycho-social risks such as bullying, harassment, and work-related stress.

Health and Safety Authority (HSA) guidance confirms that mental health is a workplace-safety matter, requiring risk assessments and mitigation measures, just as for physical risks.

The costs of non-compliance can be significant.

Compensation of up to two years’ remuneration may be awarded and employers can be ordered to take specific actions.

Health-and-safety breaches can lead to expensive personal-injuries awards as well as prosecution and fines.

Beyond legal sanctions, nearly 24% of employees reportedly took leave for mental-health reasons last year which has a direct impact on attendance, productivity and, ultimately, the employer’s bottom line.

Lessons from WRC

The following decisions illustrate common missteps employers make when addressing employee mental health.

In Kepak Convenience Foods v Grainne O’Hara (DWT1820), a business-development executive regularly worked over 60 hours a week and sent emails outside business hours.

While Kepak did not require these hours, it was aware of them and was criticised by the Labour Court for lacking a system to monitor and curtail excessive working time.

The complainant was awarded €7,500.

Although this claim was decided under the Organisation of Working Time Act 1997, it shows that employers are expected to proactively manage occupational risks to mental health.

In A Worker v a Policing Service (IR - SC – 00005289), a non-binding recommendation under the Industrial Relations Act 1969, there were a series of failures by management to address the issues of an employee suffering from work-related stress.

Noting the employer’s “prolonged lack of engagement”, which caused her financial loss, uncertainty and additional stress, the WRC recommended €10,000 compensation for the employee and directed the employer to address her grievances within 42 days.

What should employers be doing?

A proactive, holistic approach to mental health best protects both businesses and employees, creating a safer environment and supporting productivity, retention and business success.

Do:

• Encourage psychological safety: Surveys show that 47% of people with mental-health difficulties did not seek treatment due to stigma or embarrassment. Employees should feel their concerns will be handled confidentially and without penalisation and this starts with a culture that can openly discuss mental health and wellbeing without judgement,
• Proactive risk assessments: Employers must assess psychological hazards in the workplace and remove identified risks, where possible, or set out mitigation measures in the safety statement,
• Policies and Procedures: Implement a wellbeing policy with a clear procedure for raising mental-health concerns or requesting accommodations through a trusted contact person. A bullying and harassment policy (including sexual harassment) is also essential,
• Training: Train managers to implement these policies and recognise mental-health issues in the workplace. Consider appointing mental-health champions,
• Engage early and maintain appropriate communication: Engage proactively when concerns arise and keep communication open during sick leave to understand the employee’s needs and plan a supportive return to work,
• Occupational health assessments: Where appropriate, refer the employee to occupational health to identify suitable accommodations.
• Reasonable accommodations: Consult the employee and consider any reasonable proposals they may have to address the issues. Reduced or flexible hours, alternative roles, or remote working can be effective permanent or temporary measures. All consultations should be carefully documented.
• Wellness initiatives: Benefits such as an Employee Assistance Programme (EAP) and wellbeing initiatives can mitigate risk and help attract and retain talent.

Don’t:

• Dismiss or minimise mental-health concerns raised by employees. Employers should take them seriously and provide appropriate supports,
• Initiate performance management or disciplinary processes where an underlying mental-health issue may be a factor without first consulting the employee, carrying out a risk assessment and seeking occupational health advice.

Staying positive

Supported employees are happier, more fulfilled and perform better.

By fostering a culture of support and inclusion, employers can set their people and businesses up for success.