The Legal Foundation

Several key pieces of legislation form the foundation for workplace wellbeing policies in the UK. The Health and Safety at Work etc. Act 1974 establishes employers' general duty to ensure employee health, safety, and welfare. In addition the Management of Health and Safety at Work Regulations 1999 requires risk assessments (including stress risk assessments) to identify and manage workplace hazards.

The Equality Act 2010 adds another dimension, protecting employees from discrimination based on protected characteristics, including disabilities (both physical and mental). Employers have an obligation to make reasonable adjustments for employees with disabilities.

Additionally, the Data Protection Act 2018 and GDPR ensure that sensitive employee health information is handled confidentially and according to established principles.

The Employment Rights Bill currently going through parliament is set to expand these protections. Flexible working will be the default from day one of employment, with decisions to reject such requests facing increased scrutiny. Family-friendly rights are being strengthened, including extended maternity protection that will make it unlawful to dismiss a woman who has had a baby for six months after her return to work (except in limited circumstances). Parental leave will become a day-one right, while bereavement leave is being clarified and extended to all workers.

Elements of an Effective Wellbeing Policy

A comprehensive wellbeing policy should include several essential components:

1.         Statement of Commitment: Clearly articulate the organisation's values and commitment to employee wellbeing.

2.         Scope: Define who the policy covers—employees, contractors, agency workers, or others.

3.         Confidentiality: Outline protocols for handling sensitive information.

4.         Roles and Responsibilities: Clearly define who is responsible for implementing and monitoring the policy.

5.         Communication and Training: Specify how the policy will be communicated and what training will be provided.

6.         Resources and Support: Detail specific resources available to employees, such as Employee Assistance Programs or mental health first aiders.

7.         Review and Evaluation: Establish timelines for policy review and methods for measuring effectiveness.

Mental Health Considerations

Mental health requires specific focus within wellbeing policies. Employers should understand when mental health conditions could be considered disabilities under the Equality Act. This occurs when there's a mental impairment causing substantial and long-term adverse effects on day-to-day activities.

Reasonable adjustments should be made when someone suffers a substantial disadvantage because of their disability. These might include flexible working arrangements or phased returns following absence. Stress risk assessments are crucial for fulfilling the duty to ensure employee health and safety in some cases.

A clear policy should also be established for managing mental health absences, including support mechanisms and return-to-work interviews.

Physical Wellbeing and Safety

Physical wellbeing includes workplace safety, with employers having a duty to provide safe working environments that comply with relevant regulations. Ergonomics and DSE (Display Screen Equipment) assessments are legally required to prevent musculoskeletal disorders for example.

Work-Life Balance

Work-life balance provisions should acknowledge Working Time Regulations, which set legal limits on working hours, rest breaks, and annual leave. With flexible working becoming a default day-one right, organisations need clear frameworks for handling such requests.

Family-friendly policies should support maternity, paternity, adoption, and shared parental leave rights. Working carers currently have up to one week of unpaid leave.

Implementing the Policy

For a wellbeing policy to be effective, it must move from policy to practice:

•           Effective Communication: Ensure the policy is accessible to all employees.

•           Training and Development: Provide training for managers and employees on wellbeing and related legal issues.

•           Monitoring and Enforcement: Establish procedures for monitoring compliance and addressing breaches.

•           Grievance and Disciplinary Procedures: Identify how wellbeing issues will be handled within existing procedures.

The Evolving Landscape

The legal framework for workplace wellbeing continues to evolve. Emerging legislation may establish a "right to disconnect," while technology introduces new considerations for monitoring and promoting employee wellbeing. The role of AI and data analytics in assessing and managing wellbeing raises ethical and legal questions that organisations are advised to address proactively.

Conclusion

Creating an effective workplace wellbeing policy requires understanding both legal obligations and best practices. By establishing comprehensive policies that address mental and physical wellbeing along with work-life balance, organisations can protect employees while fulfilling their legal responsibilities. As the legislative landscape continues to evolve, regular policy reviews will ensure ongoing compliance and effectiveness.

Remember that wellbeing policies should not be viewed simply as legal checkboxes but as dynamic frameworks for creating healthier, more productive workplaces where employees can thrive.

For further information and professional advice tailored to your specific circumstances, feel free to contact our team at Hempsons. Our expertise in employment law can help you navigate the complexities of wellbeing in the workplace and ensure your HR practices are both inclusive and compliant.

Andrew Davidson
Partner and National Head of Employment
Hempsons
Email: a.davidson@hempsons.co.uk
Phone: 01423 724129
Mobile: 07740 828 724
X: @andrew_davidson

For more detailed insights, visit us at www.hempsons.co.uk.