The legal risks, rising claims, and missed commercial opportunities your business can’t afford to ignore

At a recent networking event, a business owner asked what I do.
I explained I help organisations build a stronger, safer mental health strategy.

They gave me a polite smile and said:
“There’s a lot of people doing that sort of stuff now. I don’t personally get it — no offence.”

Then came the line I’ve heard more times than I can count:
“I’m not being funny, but this mental health stuff? Bit of a fad, isn’t it?”
“When I was younger, we just cracked on. Half of it’s people trying it on.”

Honestly? If I had a pound for every time I’ve heard that…
I’d have retired and funded a national wellbeing programme by now.

And if you’ve ever thought something similar — even quietly — you wouldn’t be the only one.

Let’s be real: for many, mental health in the workplace still feels a bit…

A bit too soft.
A bit too PC.
A bit too “we never had this back in our day.”

But here’s the truth:
It’s not about being overly sensitive.
It’s about compliance, duty of care, and business protection.

Because the law already expects you to take mental health seriously — whether you “get it” or not.

⚖️ It’s Not Optional — It’s the Law

Mental Health First Aid might not be mandatory (yet), but the legal duty to protect mental health?
That’s already in place.

1. Health and Safety at Work Act 1974
You’re legally required to protect the health, safety, and welfare of employees — including psychological safety.

2. Equality Act 2010
Mental health conditions like anxiety, depression, PTSD and more can be classified as disabilities.
If the condition is “substantial” and “long-term,” you must make reasonable adjustments and prevent discrimination — even unintentionally.

Ignore this?
You’re exposed to claims of discrimination, unfair dismissal, and breach of duty.

🧾 Legal Update: The Push for Mandatory Mental Health First Aid in Workplaces

In January 2023, Dean Russell, Conservative MP for Watford, introduced the First-Aid (Mental Health) Bill to Parliament — a Private Members’ Bill calling for mandatory mental health first aid in the workplace, aligning it with physical first aid under current health and safety legislation.

It passed its first reading and gained cross-party support. However, as of late 2023, the Bill has not progressed beyond its second reading.

Despite the delay, momentum hasn’t stopped.

Back in 2018, more than 50 senior leaders from major UK employers — including Royal Mail, WHSmith, Ford, Channel 4, and Thames Water — signed an open letter to then-Prime Minister Theresa May, urging the government to give mental health first aid equal status with physical health in the workplace.

Their message?
This isn’t just a moral issue — it’s a business one. Mental health costs the UK economy over £30 billion annually, with millions of workdays lost to stress, anxiety, and burnout.

👉 Even though the legislation hasn’t passed (yet), industry is already acting.
The expectation has shifted — and smart businesses are getting ahead.

📈 Mental Health Tribunal Cases Are Surging

• In 2023, 53% of all unfair dismissal and discrimination cases involved mental health — a 40% increase since 2019
• Claims are increasingly upheld — and many more settle quietly, with significant payouts
• The perception that “they’re just being dramatic” no longer holds in courtrooms or tribunals

(Source: People Management, Higgs LLP)

🧠 This Isn’t a Buzzword. It’s a Business Strategy.

If someone collapsed in your office, you wouldn’t hesitate.
So why are we still hesitating with mental health?

Neglecting it means:

• Good people burn out
• Talent walks
• Productivity tanks
• You open the door to litigation

And here’s the part most business owners miss:

📊 The Business Case: Companies That Care Perform Better

Investing in employee mental health isn’t just ethical — it’s profitable.

• 💰 For every £1 spent on mental health support, businesses see a £5 return in reduced absenteeism, presenteeism, and turnover (Deloitte)
• 📈 Organisations with high wellbeing scores outperform the stock market and enjoy stronger returns (Oxford Wellbeing Research)
• 🏆 Employees in healthy workplace cultures are more loyal, engaged, and productive (Great Place to Work)

🗣 Time and time again…

Whether I’m delivering talks to charities, NHS trusts, government departments, or financial institutions, the pattern is the same:

📍 Long hours
📍 Unmanageable workloads
📍 No space for self-care
📍 Teams under pressure
📍 Leaders running on empty

This isn’t isolated — it’s a business-wide crisis.
And if you’re not dealing with it now, you will be — through absence, burnout, or worse.

💬 Want to stay ahead — and out of court?

Here are 5 things every employer should be doing right now:

✅ Review or create your mental health policy
✅ Train line managers to spot issues and respond appropriately
✅ Implement Mental Health First Aiders with genuine structure and backing
✅ Audit workloads, expectations, and wellbeing practices
✅ Normalise the conversation — don’t wait for a crisis to talk about mental health

👉 Want to make sure your business is compliant, credible, and protected?
Let’s build a mental health strategy that’s human, legally sound, and commercially smart.

📩 Message me to book your confidential 20-minute call.

P.S. When the law catches up — and it will — the businesses that cared early won’t just be compliant.
They’ll be unshakable.

Mike Lawrence: Your Guide to Health & Wellbeing

I’m Mike Lawrence, a passionate advocate for mental health and wellbeing. After overcoming significant health challenges, including brain surgery, I’ve dedicated myself to a journey of self-improvement and helping others thrive. From heart-pounding skydives for charity to soul-enriching travels in Thailand, my experiences have shaped my approach to holistic health.

I love sharing the lessons I’ve learned from these adventures and the powerful audiobooks I devour. Let’s explore the paths to better mental and physical health together. Embrace life’s adventures with enthusiasm and resilience, and remember—you’re never alone on this journey!

Feel free to email me at hello@mikelawrence.co.uk or connect with me on LinkedIn. For more in-depth insights and inspiring stories, read my latest blogs here. Together, let’s create a healthier, happier future!

#MentalHealthAwareness #HRCompliance #WorkplaceWellbeing #EmployeeWellbeing #EmploymentLaw