Increasingly, employees at the nursery are signed off sick for mental health issues. Absences are dealt with under the usual procedures. Are there any other obligations to consider?
Employers have mental health related duties under the Equality Act 2010 and health and safety legislation. There is also a risk of personal injury claims where the work may cause or exacerbate the problem.
The act will protect a worker if they have a mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal activities. A mental health illness will be treated as having a substantial adverse effect if, but for treatment (such as anti-depressants), it would be likely to have that effect. Little evidence may be required to come to the conclusion that a person would be likely to be suffering from an impairment, but for the treatment.
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