2025 Mental Health Crisis: UK Employer Duties Transformed – Essential Proactive Strategies Every Business Must Implement!

Understanding the Reality of UK Employment Tribunals

Employment tribunals across the United Kingdom serve as vital institutions where workplace disputes find resolution. These specialist courts handle thousands of cases annually, addressing:

• Unfair dismissal claims
• Complex discrimination disputes
• Mental health-related workplace issues
• Contractual disputes

Their significance has grown considerably as workplace mental health concerns have moved from peripheral issues to central considerations that demand your immediate attention.

The year 2025 marks a turning point where mental health-related employment tribunal claims have reached unprecedented levels. Stress-related absences, anxiety disorders, and depression now feature prominently in tribunal proceedings, creating new challenges for employers who must navigate both legal compliance and genuine employee wellbeing. This shift reflects broader societal changes where mental health awareness has transformed from workplace conversation to legal obligation.

What makes these tribunals particularly relevant to your business is their accessibility and relatively informal nature compared to traditional courts. Employees can pursue claims without significant financial barriers, while the process itself prioritises practical solutions over lengthy legal procedures. This accessibility means that workplace mental health issues can quickly escalate into formal legal proceedings if not addressed proactively.

Understanding this environment becomes crucial for your organisation's success. Employment tribunal decisions set precedents that influence workplace policies across industries, while successful claims can result in substantial financial awards and reputational damage. The integration of mental health considerations into existing employment law frameworks means that traditional HR approaches may no longer provide adequate protection against tribunal claims.

This comprehensive guide examines your legal obligations regarding employee mental health, explores proactive strategies for creating supportive work environments, and provides practical insights into navigating the employment tribunal process. By implementing evidence-based wellbeing initiatives and understanding the legal framework, you can protect your business while genuinely supporting your workforce's mental health needs.

The Legal Framework: Employer Duties on Mental Health in 2025

Your legal obligations regarding employee mental health extend far beyond simple contractual requirements. The Health and Safety at Work Act 1974 establishes a fundamental duty of care that encompasses both physical and psychological well-being. This legislation requires you to take reasonably practicable steps to ensure employee safety, which courts now interpret to include protection from work-related stress, anxiety, and other mental health conditions.

The Management of Health and Safety at Work Regulations 1999 complement this framework by mandating comprehensive risk assessments. These assessments must now explicitly consider mental health hazards, including excessive workloads, unclear job roles, poor management practices, and workplace bullying. Your risk assessment process should identify employees who may be particularly vulnerable to mental health issues and implement appropriate control measures.

The Equality Act 2010 provides additional protection by recognising mental health conditions as potential disabilities. This recognition creates specific obligations for you to make reasonable adjustments when employees experience mental health difficulties. These adjustments might include flexible working arrangements, modified duties, additional supervision, or access to occupational health support. Failure to provide reasonable adjustments can result in discrimination claims at employment tribunals.

Recent legal developments have strengthened these obligations considerably. The case of Hatton v Sutherland established that employers have a duty to take positive steps to protect employee mental health when they know or ought to know about risks. Courts now expect employers to demonstrate active engagement with mental health issues rather than passive compliance with minimum standards.

The upcoming changes in 2025 will formalise mental health as a mandatory component of workplace risk assessments. This development means your organisation must implement systematic approaches to identifying, assessing, and managing psychological risks. The Health and Safety Executive has indicated that failure to address mental health risks will be treated with the same seriousness as physical safety violations.

Employment tribunals increasingly scrutinise employer responses to mental health concerns. They examine whether you provided adequate support, implemented reasonable adjustments, and followed proper procedures when dealing with stress-related issues. Your documentation and evidence of proactive mental health management become crucial factors in defending against potential claims.

Proactive Wellbeing Initiatives: Mitigating Risks and Fostering a Healthy Workplace

Implementing proactive wellbeing initiatives represents both a legal necessity and a strategic business advantage. Research consistently demonstrates that organisations with comprehensive mental health programmes experience reduced absence rates, improved productivity, and lower staff turnover. These initiatives also provide crucial evidence of your commitment to employee wellbeing should employment tribunal claims arise.

Mental health first aid training for managers forms the foundation of effective wellbeing programmes. This training equips your management team with skills to recognise early warning signs of mental health issues, conduct supportive conversations, and make appropriate referrals to professional services. Managers who understand mental health concerns can intervene early, preventing minor issues from escalating into serious problems that might result in tribunal claims.

Employee Assistance Programmes (EAPs) offer confidential support services that employees can access without fear of workplace repercussions. These programmes typically include:

• Counselling services
• Financial advice
• Legal support
• Crisis intervention

EAPs serve multiple purposes: they provide immediate support for employees experiencing difficulties, demonstrate your commitment to wellbeing, and create clear pathways for professional help that can prevent workplace issues from deteriorating.

Stress management initiatives should address both individual and organisational factors that contribute to workplace stress. Individual interventions might include:

• Mindfulness training
• Resilience workshops
• Stress awareness sessions

Organisational interventions focus on:

• Workload management
• Role clarity
• Communication improvements
• Workplace culture development

The most effective programmes combine both approaches to create comprehensive support systems.

Regular policy reviews ensure your internal procedures remain current with legal requirements and best practices. These reviews should examine workload allocation processes, performance management systems, absence management procedures, and grievance handling mechanisms. Your policies should explicitly address mental health considerations and provide clear guidance for managers dealing with related issues.

Creating clear channels for reporting mental health concerns encourages early intervention and demonstrates your commitment to employee well-being. These channels might include confidential hotlines, designated mental health champions, or structured check-in processes. The key is ensuring employees feel safe raising concerns without fear of discrimination or career consequences.

Promoting a culture of openness around mental health requires sustained leadership commitment and consistent messaging. This involves senior leaders sharing their own experiences, normalising conversations about mental health, and celebrating examples of successful support. When employees believe their mental health concerns will be taken seriously and addressed constructively, they are more likely to seek help early rather than allowing issues to escalate.

Types of Employment Tribunal Claims Relevant to Mental Health

Understanding the various types of employment tribunal claims that can arise from mental health issues helps you identify potential vulnerabilities in your workplace practices. These claims often overlap and can result in multiple allegations being pursued simultaneously, creating complex legal challenges that require careful management.

Unfair dismissal claims frequently involve mental health considerations, particularly when employees are dismissed following stress-related absences or performance issues linked to psychological conditions. The employment tribunal examines whether your dismissal decision was reasonable and whether you followed proper procedures. Claims become more complex when they involve constructive dismissal, where employees resign due to workplace conditions that have adversely affected their mental health.

Consider the scenario where an employee experiences anxiety following a workplace restructuring. If your organisation fails to provide adequate support and the employee's performance deteriorates, leading to dismissal, this could form the basis of an unfair dismissal claim. The tribunal would examine whether you recognised the mental health implications of the restructuring, provided appropriate support, and followed fair procedures before reaching the dismissal decision.

Discrimination claims under the Equality Act 2010 can arise when mental health conditions constitute disabilities. Direct discrimination occurs when you treat someone less favourably, specifically because of their mental health condition. Indirect discrimination happens when apparently neutral policies or practices disproportionately disadvantage employees with mental health conditions. Harassment claims involve unwanted conduct related to mental health that creates an intimidating or degrading environment.

An example of indirect discrimination might involve inflexible working arrangements that particularly disadvantage employees with anxiety disorders who struggle with rigid schedules. If you refuse to consider flexible working requests without proper justification, this could constitute discrimination. Harassment might occur when colleagues make persistent jokes about someone's mental health medication or when managers dismiss mental health concerns as weakness.

Breach of contract claims often relate to your failure to provide contractual benefits or follow agreed procedures when dealing with mental health issues. These might include disputes over sick pay entitlements, failure to provide promised adjustments, or breaches of confidentiality regarding medical information. Such claims frequently accompany other allegations and can result in additional financial awards.

Unlawful deduction of wages claims sometimes arise when disputes occur over sick pay for mental health-related absences. These claims examine whether you properly applied your sick pay policies and whether any deductions were justified. The complexity increases when occupational health assessments conflict with GP certificates or when employees disagree with your assessment of their fitness for work.

Whistleblowing claims can emerge when employees raise concerns about workplace practices that affect mental health and subsequently face detriment. These might involve reports about excessive workloads, bullying behaviour, or inadequate support systems. The protection extends to employees who make protected disclosures about workplace mental health risks, creating additional legal considerations for your response to such concerns.

The Employment Tribunal Process: A Step-by-Step Guide

The employment tribunal process follows these key stages:

1. Internal grievance procedures
2. Early conciliation through Acas
3. Formal claim submission (ET1 form)
4. Employer response (ET3 form)
5. Case management procedures
6. Evidence gathering phase
7. Tribunal hearing

The employment tribunal process begins long before any formal claim is submitted, starting with your internal grievance procedures. When employees raise concerns about workplace mental health issues, your response at this stage often determines whether the matter escalates to a tribunal. Effective internal resolution demonstrates your commitment to addressing concerns fairly and can prevent formal legal proceedings.

Your grievance procedures should provide clear pathways for employees to raise mental health concerns confidentially and without fear of reprisal. These procedures must be accessible, well-publicised, and handled by appropriately trained personnel. The investigation process should consider mental health implications and ensure that employees receive support throughout the process.

Early conciliation through Acas represents a mandatory stage that offers valuable opportunities for resolution without formal tribunal proceedings. During this process, a trained conciliator contacts both parties to explore potential solutions. This stage is particularly important for mental health-related disputes because it allows for creative solutions that might not be available through tribunal proceedings.

The conciliation process typically lasts several weeks and can result in binding settlement agreements. For mental health-related disputes, settlements might include commitments to policy changes, additional training, or ongoing support arrangements. The confidential nature of conciliation allows both parties to discuss issues openly without prejudicing their positions should the matter proceed to tribunal.

When conciliation fails, employees can submit formal claims using the ET1 form. This form requires detailed information about the alleged breaches, the impact on the employee, and the remedies sought. Claims involving mental health often include multiple allegations spanning different areas of employment law, creating complex cases that require careful preparation.

Your response through the ET3 form represents a crucial opportunity to present your position clearly and comprehensively. This response should address each allegation systematically, provide relevant evidence, and demonstrate your commitment to employee wellbeing. The quality of your response significantly influences the tribunal's initial impression and can affect the case's trajectory.

Case management procedures help streamline the tribunal process and ensure both parties prepare adequately for the hearing. These procedures might include preliminary hearings to clarify issues, directions for evidence disclosure, and timetables for witness statement exchange. Mental health cases often require additional case management to address medical evidence and expert testimony.

The evidence gathering phase requires careful attention to documentation that demonstrates your mental health policies and practices. This evidence might include risk assessments, training records, occupational health reports, and correspondence with the employee. The quality and completeness of your evidence significantly influence the tribunal's decision-making process.

Time Limits and Deadlines: Navigating the Strict Rules

Employment tribunal time limits create strict deadlines that can determine the success or failure of claims before they are even heard. The standard time limit of three months minus one day from the relevant incident applies to most claims, but mental health-related disputes often involve complex timing considerations that require careful analysis.

The concept of continuing acts becomes particularly relevant for mental health claims, where employees might argue that discriminatory treatment or failures to provide support continued over extended periods. In such cases, the time limit might run from the last act in the series rather than the first incident. This interpretation can significantly extend the period during which claims can be brought.

Early conciliation through Acas affects time limits by pausing the clock for up to six weeks. This pause begins when the employee contacts Acas and continues until the early conciliation certificate is issued. The extension provides valuable time for resolution discussions, but it also means that the formal time limit can be extended beyond the standard three-month period.

Different types of claims carry different time limits, creating complexity for cases involving multiple allegations. Equal pay claims can be brought within six months of employment ending, while some discrimination claims might have extended time limits in specific circumstances. Understanding these variations helps you prepare appropriate defences and manage your documentation requirements.

The proposed Employment Rights Bill includes provisions to extend time limits for certain claims to six months, recognising that mental health issues might prevent employees from acting within the current deadlines. These changes reflect a growing understanding of how mental health conditions can affect decision-making and the ability to pursue legal remedies.

Exceptional circumstances might justify extending time limits, particularly where mental health conditions prevented employees from acting within normal deadlines. Tribunals consider factors such as the employee's mental state, whether they received appropriate advice, and whether extending the deadline would cause prejudice to the employer. These considerations add complexity to time limit arguments in mental health cases.

Your record-keeping systems should account for these time limit complexities by ensuring that relevant documentation is preserved and easily accessible. This includes correspondence with employees, occupational health reports, and evidence of support provided. Good record-keeping practices help you defend against claims that test the boundaries of time limits.

The Employment Tribunal Hearing: What to Expect

Employment tribunal hearings combine legal formality with practical accessibility, creating an environment where complex mental health issues can be examined thoroughly. The hearing room typically features a less intimidating setup than traditional courts, with participants seated around tables rather than in formal courtroom arrangements.

The tribunal panel usually consists of:

• An employment judge with legal training
• Lay member representing employer perspective
• Lay member representing employee perspective

This composition provides valuable practical insight alongside legal expertise in mental health cases. The lay members' experience with workplace issues can influence how mental health evidence is interpreted and weighted.

Hearing procedures follow a structured format that begins with opening statements from both sides. Your presentation should clearly outline your position, highlight key evidence, and demonstrate your commitment to employee mental health. The opening provides crucial context for the evidence that follows and helps the tribunal understand your perspective on the issues.

Witness examination forms the core of most hearings, with both parties presenting witnesses to support their cases. Mental health cases often involve complex witness evidence, including testimony from managers, HR personnel, occupational health professionals, and medical experts. Your witnesses should be thoroughly prepared to address the mental health aspects of their evidence clearly and sensitively.

Cross-examination allows both parties to challenge opposing evidence and test the reliability of witness testimony. In mental health cases, cross-examination requires particular sensitivity while still effectively challenging disputed facts. The tribunal expects respectful treatment of all witnesses, especially when dealing with sensitive mental health information.

Documentary evidence plays a crucial role in mental health cases, often including medical records, occupational health reports, correspondence, and policy documents. The tribunal examines this evidence carefully to understand the chronology of events and your response to mental health concerns. Well-organised documentary evidence can significantly strengthen your case.

The possibility of remote hearings has become more common, offering flexibility for participants who might find physical attendance challenging. Remote hearings can be particularly beneficial for mental health cases where travel and formal environments might exacerbate anxiety or other conditions. However, remote hearings require additional preparation to ensure effective presentation of evidence.

Tribunal decisions typically follow detailed deliberation, with judgments issued either immediately after the hearing or reserved for later delivery. The decision-making process considers all evidence presented, applying relevant legal principles to the specific facts of the case. Understanding this process helps you prepare more effectively and manage expectations about potential outcomes.

Beyond the Hearing: Decisions, Remedies, and Appeals

Employment tribunal judgments carry binding legal force that requires immediate compliance from both parties. The judgment typically addresses each allegation systematically, explaining the tribunal's reasoning and conclusions. Mental health cases often generate detailed judgments that address complex medical and legal issues, providing valuable guidance for future cases.

Compensation awards in successful mental health claims can be substantial, reflecting both financial losses and the impact on the individual's well-being. The basic award compensates for loss of employment rights, while the compensatory award addresses actual losses, including future loss of earnings, medical expenses, and the cost of addressing mental health impacts.

Injury to feelings awards in discrimination cases involving mental health can range from modest sums to significant amounts, depending on the severity of the discrimination and its impact. These awards follow established guidelines but allow for individual circumstances, particularly where mental health conditions have been exacerbated by discriminatory treatment.

The tribunal might order reinstatement or re-engagement in exceptional circumstances, though this remedy is rarely used in mental health cases where the employment relationship has broken down. When these orders are made, they typically include specific conditions designed to address the underlying mental health issues that contributed to the dispute.

Statutory caps limit compensation in certain types of claims, particularly unfair dismissal, where the compensatory award cannot exceed one year's pay or the statutory maximum. However, discrimination claims involving mental health often fall outside these caps, potentially resulting in higher awards that reflect the ongoing impact of the discrimination.

Appeals to the Employment Appeal Tribunal (EAT) focus exclusively on points of law rather than factual disputes. Mental health cases sometimes generate appeals on questions such as the interpretation of disability legislation, the scope of reasonable adjustments, or the application of legal principles to complex medical evidence.

The EAT process requires specialist legal representation and involves detailed written submissions addressing specific legal errors. Appeals must be lodged within 42 days of the tribunal's written judgment, with limited exceptions for exceptional circumstances. The success rate for appeals is relatively low, emphasising the importance of thorough preparation for the initial hearing.

Understanding these post-hearing procedures helps you plan for potential outcomes and make informed decisions about case strategy. Whether considering settlement negotiations or preparing for an appeal, knowledge of the available remedies and processes enables better strategic planning.

Costs and Financial Considerations in Employment Tribunals

While employment tribunal claims do not attract lodging fees, the total cost of defending mental health-related disputes can be substantial when legal representation, expert witnesses, and management time are considered. Understanding these financial implications helps you make informed decisions about case strategy and settlement negotiations.

Legal representation costs vary significantly depending on the complexity of the case and the experience of the legal team. Mental health cases often require specialist employment lawyers who understand both legal principles and medical evidence. Solicitor fees typically range from £200 to £600 per hour, while barrister fees can exceed £1,000 per day for complex hearings.

Expert witness costs become particularly relevant in mental health cases where medical evidence is disputed. Occupational health physicians, psychiatrists, and psychologists can provide valuable testimony but their fees often exceed £1,000 per day plus preparation time. The decision to instruct experts requires careful consideration of their potential contribution to your case.

Management time represents a significant hidden cost that organisations often underestimate. Senior managers involved in mental health cases might spend weeks preparing statements, reviewing documents, and attending hearings. This time has opportunity costs that should be factored into your overall case assessment.

Cost orders against unsuccessful parties remain relatively uncommon but can be devastating when imposed. The tribunal might order costs where a party has acted unreasonably, including pursuing hopeless claims or failing to engage constructively with settlement discussions. Mental health cases require particular sensitivity to avoid behaviour that might be viewed as unreasonable.

Employment practices liability insurance and legal expenses insurance coverage for employment tribunal claims is available through various policies. These policies can provide valuable protection against both legal costs and compensation awards, though they typically require early notification and might exclude certain types of claims.

Settlement negotiations must consider the total cost of defending the claim alongside the potential compensation award. Early settlement might result in lower immediate costs but could set precedents for future claims. The decision requires careful assessment of the case's merits and your organisation's broader risk management strategy.

Alternative Dispute Resolution: Avoiding the Tribunal

Alternative dispute resolution methods offer valuable opportunities to resolve mental health-related workplace disputes without the stress and expense of formal tribunal proceedings. These approaches often produce more creative solutions that address underlying workplace issues while preserving working relationships.

Acas early conciliation serves as the mandatory first step in the tribunal process but offers genuine opportunities for resolution. The conciliation process allows both parties to explore solutions that might not be available through tribunal proceedings, such as policy changes, additional training, or ongoing support arrangements. Mental health cases often benefit from this flexibility because they frequently involve complex personal and workplace factors.

The conciliation process typically involves separate discussions with each party, allowing the conciliator to understand different perspectives and identify potential areas of agreement. This approach can be particularly valuable in mental health cases where direct communication between the parties might be difficult due to the nature of the dispute.

Mediation is another valuable option for resolving mental health disputes. It offers a more structured process than early conciliation. Professional mediators specialising in workplace disputes can help parties work through complex issues and develop mutually acceptable solutions. The confidential nature of mediation encourages open discussion of sensitive issues that might be difficult to address in formal proceedings.

Workplace mediation might be particularly appropriate for mental health disputes involving interpersonal conflicts, management issues, or workplace culture problems. The process can help rebuild working relationships and address the underlying causes of workplace stress that might otherwise lead to further disputes.

Settlement agreements (formerly compromise agreements) provide formal documentation of negotiated resolutions that prevent future claims. To be effective, these agreements must meet specific legal requirements, including independent legal advice for employees and clear identification of the claims being settled. Mental health cases often involve complex settlement terms that address ongoing support needs.

The advantages of settlement include certainty, cost control, and confidentiality. Settlements can include non-financial elements such as agreed references, training commitments, or policy changes that address the underlying issues. However, settlements must be carefully structured to ensure they provide adequate protection while remaining enforceable.

Seeking Support and Legal Advice

Navigating mental health-related employment disputes requires specialist knowledge that combines legal expertise with an understanding of workplace psychology and medical evidence. Seeking appropriate support and advice early in the process can significantly improve outcomes and reduce overall costs.

Available support sources include:

• Acas helpline for initial advice
• Citizens Advice for free legal guidance
• Trade unions for member support
• Specialist employment lawyers
• Occupational health services
• Mental health charities

The Acas helpline provides free initial advice on employment law matters, including guidance on mental health obligations and tribunal procedures. This service can help you understand your basic legal position and identify when specialist advice might be needed. Acas also offers training services that can help prevent disputes from arising.

Citizens Advice provides free legal advice and support for individuals facing employment difficulties, including mental health-related issues. While primarily focused on employee support, their resources can help employers understand employee perspectives and identify potential resolution strategies.

Trade unions offer specialist employment law advice and representation for their members, often including access to legal insurance and specialist solicitors. Understanding union involvement in your workplace helps you manage disputes more effectively and identify opportunities for collective resolution of mental health issues.

Specialist employment lawyers provide essential expertise for complex mental health cases, offering both legal knowledge and practical experience of tribunal procedures. When selecting legal representation, consider their experience with mental health cases, their approach to settlement negotiations, and their understanding of your industry's specific challenges.

The Law Society and Bar Council maintain directories of specialist employment lawyers, while organisations like the Employment Lawyers Association provide additional resources for finding appropriate representation. Professional indemnity insurance requirements ensure that specialist lawyers maintain high standards of professional competence.

Occupational health services provide valuable support for managing mental health issues in the workplace and can offer expert evidence in tribunal proceedings. These services can help you develop appropriate workplace adjustments, assess employee fitness for work, and provide objective medical opinions that support your case.

Mental health charities and support organisations offer valuable resources for developing workplace mental health policies and supporting employees with mental health conditions. Organisations like Mind, Rethink Mental Illness, and the Mental Health Foundation provide practical guidance that can help prevent disputes from arising.

Litigated: Your Strategic Partner for Employment Tribunal Success

Litigated stands as the premier platform for employment tribunal intelligence, offering unparalleled insights that transform how employers approach mental health-related workplace disputes. Through our comprehensive Litigated platform, we provide detailed analysis of employment tribunal decisions, helping you understand how mental health cases are decided and what factors influence tribunal outcomes.

Our expert legal analysis goes beyond simple case reporting to provide strategic insights that inform your workplace policies and risk management strategies. When mental health-related tribunal decisions are published, our specialists examine the reasoning, identify key legal principles, and explain the practical implications for employers. This analysis helps you stay ahead of legal developments and adjust your practices accordingly.

The platform's advanced search capabilities allow you to identify relevant precedents quickly, filtering by case type, industry, and specific mental health issues. This functionality proves invaluable when preparing for tribunal proceedings or developing policies that address mental health concerns. By understanding how similar cases have been decided, you can better assess your position and develop effective strategies.

Litigated's trend analysis identifies patterns in tribunal decision-making that can inform your long-term planning. We track success rates for different types of mental health claims, monitor compensation trends, and identify emerging legal issues that might affect your organisation. This intelligence helps you allocate resources effectively and prioritise risk management efforts.

Our platform serves legal professionals, HR managers, and business owners who need practical insights into employment tribunal proceedings. The combination of legal expertise and practical experience ensures that our analysis addresses real-world challenges while maintaining technical accuracy. This approach makes complex legal concepts accessible to non-lawyers while providing sufficient depth for specialist practitioners.

The member-only content provides detailed case studies, practical guidance, and strategic recommendations that go beyond basic legal reporting. These resources help you implement evidence-based policies, train managers effectively, and respond appropriately to mental health concerns. By learning from other organisations' experiences, you can avoid common pitfalls and develop more effective approaches.

Building Resilience: Your Path Forward

The changing landscape of employment law demands proactive approaches to mental health management that go beyond basic compliance. By implementing comprehensive wellbeing initiatives, understanding your legal obligations, and preparing for potential disputes, you create resilient organisations that support employee wellbeing while protecting business interests.

Your success depends on combining legal knowledge with practical implementation, ensuring that policies translate into meaningful workplace support. The investment in mental health initiatives pays dividends through reduced absence, improved productivity, and lower legal risks. Most importantly, these efforts create workplaces where employees feel valued and supported, reducing the likelihood of disputes that can damage both individuals and organisations.

Frequently Asked Questions

What is the primary role of an employment tribunal?
Employment tribunals serve as specialist courts that resolve disputes between employers and employees. They handle various claims, including unfair dismissal, discrimination, breach of contract, and mental health-related issues. The tribunal system provides accessible justice that focuses on practical solutions rather than formal legal procedures.

What types of claims can be brought before an employment tribunal?
Common claims include unfair dismissal, discrimination based on protected characteristics, breach of contract, unlawful deduction of wages, and whistleblowing. Mental health-related disputes often involve multiple claim types, such as disability discrimination combined with unfair dismissal or failure to make reasonable adjustments.

What is the usual time limit for bringing a claim?
The standard time limit is three months minus one day from the relevant incident. However, early conciliation through Acas can extend this period by up to six weeks. Mental health claims sometimes involve continuing acts that can extend the time limit, and proposed legislation may increase the standard limit to six months.

Is early conciliation with Acas mandatory?
Yes, employees must contact Acas for early conciliation before submitting tribunal claims. This process is free and typically lasts several weeks. It provides opportunities for resolution without formal proceedings and can result in binding settlement agreements.

Are there fees for making an employment tribunal claim?
Currently, there are no fees for lodging employment tribunal claims. However, the tribunal can order cost payments where parties act unreasonably during proceedings. Legal representation and expert witness costs can be substantial, making settlement negotiations attractive.

Can I appeal an employment tribunal decision?
Appeals to the Employment Appeal Tribunal are possible but limited to points of law rather than factual disputes. Appeals must be lodged within 42 days of the written judgment and require specialist legal representation. The success rate for appeals is relatively low.

What is the Employment Appeal Tribunal?
The Employment Appeal Tribunal (EAT) is a superior court that hears appeals from employment tribunal decisions. It focuses exclusively on legal errors rather than re-examining facts. The EAT process is more formal than employment tribunals and typically requires specialist legal representation.

Do employers have a legal duty regarding employee mental health?
Yes, employers have clear legal duties regarding employee mental health under various legislation, including the Health and Safety at Work Act 1974 and the Equality Act 2010. These duties include conducting risk assessments, providing reasonable adjustments, and taking positive steps to protect employee well-being.

Nick

With a background in international business and a passion for technology, Nick aims to blend his diverse expertise to advocate for justice in employment and technology law.