Mental health in the workplace

Expert guidance for insurers and employers on mental health in the workplace

In recent years, mental health and wellbeing in the workplace has become an item at the top of the agenda for most organisations. And it’s a growing issue. Stress, anxiety and depression are now acknowledged by the HSE to be the most common reason for someone to be off work and are an increasingly popular work stream for claimant lawyers with numerous websites dedicated to bringing such claims against employers.

Issues that trigger mental health at work are varied. From the demands of the role, incidents such as bullying, discrimination and harassment, changes in the workplace and processes such as disciplinaries, grievances and whistleblowing. And not forgetting issues at home that can influence behaviour and performance at work. All of these impact mental health and wellbeing. However, if not handled correctly, these issues can put organisations at risk — from both a financial and brand perspective — when they result in employment tribunals and civil injury claims.

Employers who turn a blind eye to harassment may well find themselves appearing in their local County Court or employment tribunal or being subject to a police investigation as harassment is both a criminal and civil offence. There is also potential liability under the Equality Act 2020 and the Protection from Harassment Act 1997.

How we can help

Our team at Weightmans provides employers with a holistic service package in the mental health space. Our employment, claims management and regulatory experts have extensive experience in providing pro-active advice, insights and support to help prevent employment tribunals and claims from happening in the first place — and if they do, they’re there to help you manage and resolve them effectively with minimum impact on your organisation.

Employment

We regularly advise employers on employment litigation matters involving mental health and stress at work, whether these are stand-alone claims of discrimination or linked to other matters such as constructions unfair dismissal claims. We recognise the toll these issues can have on all parties and always ensure all options are explored at an early stage, where necessary and appropriate looking to achieve early resolution. If this is not possible, or it is appropriate to continue to defend a claim, we offer a ‘cradle to grave’ approach including all stages of case preparation and advocacy.

We assist our employer clients on a range of internal advisory issues such as policy reviews, grievances, bullying and harassment, short and long-term absences, managing stress at work and other issues which often have a mental health angle. Many of the team are skilled investigators and we conduct independent investigations for clients across the spectrum of sectors and segments in which we operate. It is common that we will advise employers on cases from the outset of issues being raised, through to employment tribunal litigation and advocacy, and also have trained mediators within the team who are able to lend an expert hand to resolving issues early, thus avoiding time-consuming and costly litigation, whilst also helping to manage reputational risk by avoiding public forums.

In addition to advisory work we regularly train managers on the legal issues and how to stay on the right side of the law, and HR teams on the management of mental health at work, bullying and harassment, avoiding discrimination, the management of long term absences and capability issues, stress risk assessments, disciplinaries, grievances and complaints handling, and whistle-blowing.

Technology often plays a central part in assisting clients in risk managing their affairs, such as the use of a specially created disability tool which assists managers in assessing whether an employee is likely to be considered to be disabled and focusing their minds on matters such as the duty to make reasonable adjustments.

To find out more contact Nick Newman.

Claims management

We advise on civil claims for stress, bullying and harassment made against employers. We are frequently instructed on such claims at the outset following initial notification and handle these cases from start to finish. Such claims often involve complex allegations dating back a number of years which require detailed investigation. Our team are specialists in this field and able to identify and cut to the crucial issues. We are experienced in handling sensitive cases that carry reputational risk and balancing this alongside commercial considerations. Our starting point for all cases is to find out what success looks like for you and then work with you towards the desired resolution.

We work collaboratively and have experience of the cross-over between the employment and civil litigation jurisdictions which can be used effectively to avoid/limit future liabilities by bringing appropriate claims to a satisfactory conclusion through achieving a clean break solution using settlement agreements.

Our team of experts also provide post matter feedback considering claims defensibility and are able to provide training focussed on the issues involved in stress, bullying and harassment claims, providing top tips for managing such claims, identifying trends and red flags and highlighting the need for different departments within an organisation to work together advocating a holistic approach.

To find out more, contact Hannah Beddis who will be happy to assist.

Regulatory

We can advise on the criminal investigations which can arise where bullying and harassment allegations are made against employers. The Police may become involved where there is physical act of violence or a potential breach of the Protection from Harassment Act 1997. In addition, in cases where several employees report work-related stress or related ill-health, the HSE may commence an investigation leading to possible enforcement action being taken.

Our regulatory experts can also help to advise and support employers where there has been suicide or death as a result of work related mental health issues or violence in the workplace. We have a team of inquest advocates (including two serving Coroners) who are experienced in coronial proceedings that are linked to issues arising within the workplace. These cases, whilst rare, are extremely emotive and they require careful management to ensure that all the employees involved receive a high level of support, especially where they are required to provide oral evidence at the inquest.

Contact our regulatory defence lawyer, Anna Naylor, for more information.

Crisis managment

In the event of media interest/coverage of mental health, our crisis management team is there to advise you and manage risk. Please contact Anna Naylor.

Our other insurance law services

Accolades

Weightmans offers an established and market-leading national public sector team with real strength in depth. It acts for more than 250 local authorities as well as emergency services and all public sector insurers. It has an acute understanding of the full breadth of their client's legal needs. .hey are reputationally astute and are always mindful of the need to protect the public purse. Weightmans continues to be a leading light in the development of public sector jurisprudence.
Legal 500 2025
Weightmans are an all-round great firm, they are very friendly, professional, and have a wealth of knowledge. We use them for a variety of casualty claims and always receive exceptional service.
Legal 500 2025
They have a wealth of knowledge of the legal system as well as our own business history which can be considerably complicated. We have an excellent working relationship and communicate regularly to ensure all strategies are understood and agreed.
Legal 500 2025
A firm with national coverage with a very strong presence in London. Attention to detail combined with a calm manner when dealing with challenging matters is the hallmark of this firm.
Legal 500 2025
The team at Weightmans are extremely experienced, have brilliant relationships with the Trusts and NHSR and are very efficient. Always a pleasure to be instructed by solicitors at the top of their game. .onia Morgan and Rosalind Bird are standout individuals. Both are very thoughtful and analytical in terms of the law and medicine but combine that with an appreciation of the practicalities of clinical negligence litigation.
Legal 500 2025
This is a great team undertaking high-quality defendant work. It is noteworthy that they have been engaged for the most challenging of claims against the NHS involving complex and technically difficult matters. They are hardworking, efficient and clear thinking.
Legal 500 2025
Weightmans is a firm than understands the needs of my business and offers an almost bespoke service.
Legal 500 2025
They are very strong all round outfit with strength in depth across all areas. Very much a one stop shop for serious injury matters of all types.
Legal 500 2025
They are very approachable, knowledgeable and I feel one of the best defendant insurance firms in the market. They are willing to go the extra mile in terms of service and added value.
Legal 500 2025
I have worked with Weightmans for many years. They quickly familiarised themselves with our business and seamlessly adapted their services to suit our needs. On an individual or team level, we have enjoyed a friendly, efficient and competitive service based on a considerable breadth of knowledge and experience. Clients requiring front-line legal claims services and complementary management support will find that Weightmans will enhance their business.
Legal 500 2025
The Weightmans team are a real heavy-weight in the defendant clinical negligence market. All of the individuals there are impressive litigators. I am always amazed at how well they prepare cases.
Legal 500 2025
They really stand out for their quality of work. .They are true experts in Defendant clinical negligence work with experience across the full spectrum of such cases.
Legal 500 2025
Weightmans are a formidable defendant firm, with heavy-hitting partners and associates.
Legal 500 2025
Weightmans are an excellent choice for Defendants in a crowded market place. They remain on top of new developments in order to ensure high quality service and great value for clients. They seem to have an uncanny ability to produce lawyers who are calm under pressure and skilled in making the complex look straightforward.
Legal 500 2025
Weightmans' team is top-notch, right down to the most junior members. I always have full confidence that the cases are prepared to a high standard and their lawyers are over all relevant detail.
Legal 500 2025
Weightmans are prompt and efficient whilst also being extremely knowledgeable and supportive. Weightmans treat clients respectfully and explain claims procedures and prospects clearly.
Legal 500 2025
There is a great depth of knowledge and ability. Attention to detail is very important and a close eye is kept by Weightmans on tactics and legal timescales. All staff are highly competent and personable. I can trust them to get on with the management of a claim without worrying.
Legal 500 2025
Weightmans have a good balance of skillsets and they work collaboratively on legal matters.
Chambers 2025
Weightmans have a very strong knowledge of the sector and offer practical advice. They are proactive, available and always on hand.
Chambers 2025
Weightmans has the ability to analyse and advise on very complex matters when there is immense pressure on all parties.
Chambers 2025
The team is always very professional and balanced in their approach.
Chambers 2025
Weightmans' lawyers are always prompt and efficient, while remaining extremely knowledgeable and supportive.
Chambers 2025
Weightmans is consistently outstanding; a more capable and talented team would be hard to find.
Chambers 2025
Weightmans has a wealth of talented legal staff who collectively can represent clients across all manner of legal issues, while paying close attention to deadlines, costs and claim outcomes.
Chambers 2025