Legislation: Mental Health and the Workplace - The Employment Equality Acts 1998 -2015 and The Safety, Health and Welfare at Work Act 2005

Abstract

It is important for employers and employees to know about their legislative rights and responsibilities in relation to mental health at work. Two of the most relevant pieces of legislation are the Employment Equality Acts 1998–2015 and the Safety, Health and Welfare at Work Act 2005. Employees with mental health problems that come within the definition of disability in the Employment Equality Acts 1998-2015, have significant enforceable rights. These include rights: • Not to be discriminated against on grounds of their mental ill health, • Not to be harassed on account of their mental disability • Not to be victimised for asserting their rights. In addition employers have a significant obligation to conduct a risk assessment on all mental health risks and put in place proportionate control measures which will enable employees with disabilities access and participate fully in employment.