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How to manage mental health absence from work in the UK
As an employer, training for your employees' mental health and wellbeing will always be a highly important undertaking. Otherwise, there's a dual risk of sustained absence driving up costs and reduces productivity, alongside mental health absence that carries significant legal risk if handled incorrectly
With these cases becoming more frequent (and more complex), you need clear processes, robust documentation, and confidence in you legal approach. In this specialist business guide, we explore the steps you need to take.
Effectively managing absence due to mental health issues
Consider if an employee has taken four periods of sickness absence over three months, ranging from one to 10 days, totalling 20 working days. The reasons given include low mood, stress, anxiety and depression. These are common workplace organisation hazards many employers have to deal with.
This pattern immediately raises two commercial concerns: disruption to the business and the likelihood that the absence is linked to an ongoing mental health condition.
The first priority is to establish the facts. A line manager should arrange a private, supportive meeting to review the employee’s attendance record and understand what's driving the absences. This should include a discussion about the nature of the condition, how long it has been affecting them, and whether they are receiving any medical support.
At this stage, you should consider obtaining medical input. This may involve asking for consent to contact the employee’s GP or referring them to Occupational Health (OH). Employees should also be reminded of any internal support available, such as an employee assistance programme or counselling services. And you may want to consider introducing effective tactics for managing stressed employees.
From a practical perspective, an OH report is often the most useful. Unlike a GP report, it's focused on workplace impact and can provide clear recommendations on adjustments and ongoing management.
You should also be mindful employees have the right to see any medical report before it's shared.
Understanding your employees' mental health rights at work
Any absence linked to mental health must be approached through the lens of the Equality Act 2010. An employee with a mental health condition may meet the legal definition of disability, triggering significant legal protections. This matters as:
• There's no qualifying service requirement for discrimination claims
• Compensation for disability discrimination is uncapped
This all comes down to whether a sick employee can be classified as ‘disabled’. According to the law, this applies if:
The individual has a physical or mental impairment
The impairment has an adverse effect on their ability to carry out normal day-to-day activities;
The effect is substantial
The effect is long-term
If all of these criteria apply, the employee will be considered disabled in the eyes of the law. In addition, you must consider the main types of disability discrimination identified within UK laws:
Direct discrimination
Indirect discrimination
Discrimination arising from disability
The duty to make reasonable adjustments
Harassment
Applying this to a workplace mental health scenario
Assume an employee consents to a GP report, which confirms they're being treated for recurrent depression and anxiety and are fit to work with appropriate support. The GP also recommends further input from OH.
At this point, a referral to OH is strongly advisable. This allows you to identify reasonable adjustments, such as amended absence trigger points, temporary changes to duties, or additional management support.
Any support plan should be documented, agreed with the employee and reviewed regularly. This not only supports the individual but also protects the employer if decisions are later challenged.
When does dismissal become an option?
Frequent short-term absence should initially be managed under the organisation’s absence management procedure. Dismissal is not usually appropriate unless the situation escalates into long-term absence or there is clear medical evidence that attendance will not improve.
There's no fixed timescale set out in law. Decisions depend on the medical evidence, the impact on the business, and whether reasonable adjustments have been fully explored.
As a general guide, dismissal for capability is unlikely to be considered reasonable until an employee has been absent for around six months, unless earlier medical evidence confirms that a return is not foreseeable.
You must also check whether the employee benefits from permanent health insurance or ill-health retirement options, which may affect how the case is handled.
If dismissal becomes a realistic outcome, a fair medical capability process is essential. This includes:
Written notice of meetings
Clear warning that dismissal is a possible outcome
Sharing all medical evidence relied upon
Giving the employee the opportunity to comment
If employment is terminated, contractual notice must be paid.
Reduce risk, protect your business, and get expert support
Mental health-related absence is one of the most legally sensitive areas employers deal with. Getting it wrong can be costly, financially and reputationally.
Our Employment Law specialists support your business every day with complex absence and capability cases. We provide clear, commercial advice to help you manage risk, support your workforce and take defensible decisions with confidence. Where needed, we can also coordinate referrals to trusted occupational health partners.
To discuss your specific situation and find out more about our fixed-fee support, call 0345 226 8393.
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FAQs
Under UK law, there isn't a difference between a sick day or a mental health day and it will be treated as a standard sick day.
However, some businesses also choose to offer their employees a set amount of specific mental health days to help them deal with issues such as anxiety, depression, or stress.
Your employees may feel isolated and distressed if they're regularly missing work, which may make their existing situation worse. You can address this issue by providing employees with support strategies or offering reduced hours to help with a phased return to work.
In the UK, the sectors that report high levels of absenteeism through wellbeing issues include:
Health and social care
Education
Public administrative
Government
Transport
Logistics
There are several approaches your business could take, many of which can be merged into one plan:
Preparing for the employee's return through active discussions
Potential phased return days to ease them back into the role
Offering ongoing support, such as regular check ins
Keep communication confidential, supportive, and honest
Under UK law, there isn't a difference between a sick day or a mental health day and it will be treated as a standard sick day.
However, some businesses also choose to offer their employees a set amount of specific mental health days to help them deal with issues such as anxiety, depression, or stress.
In the UK, the sectors that report high levels of absenteeism through wellbeing issues include:
Health and social care
Education
Public administrative
Government
Transport
Logistics
Your employees may feel isolated and distressed if they're regularly missing work, which may make their existing situation worse. You can address this issue by providing employees with support strategies or offering reduced hours to help with a phased return to work.
There are several approaches your business could take, many of which can be merged into one plan:
Preparing for the employee's return through active discussions
Potential phased return days to ease them back into the role
Offering ongoing support, such as regular check ins
Keep communication confidential, supportive, and honest
