Opinion – We should stop treating well-being as a perk
I believe that the way in which most organizations approach workplace wellness is fundamentally flawed. The benefit is still presented as supportive, helpful and even optional. This mindset is risky and outdated. It’s not just shortsighted to fail to manage mental health and stress at work. This is a failure of compliance waiting to happen.
Often, wellness strategies are geared towards helping someone who is already in a difficult situation.
This is not prevention. Damage control is what it is.
By the time you have to deal with a complaint, dispute, or legal claim, its already too late.
Non-compliance and its consequences
I’ve found that businesses tend to underestimate the seriousness of the consequences. Failure to fulfill your duty of care affects employee well-being. This opens up legal, financial and reputational risks.
If you are accused of something and can’t prove what you did, it can be time-consuming and expensive to defend your position. The burden of proof is often on the employer even if you have done nothing wrong. This is especially true when it comes to mental health and perceived unfair treatment.
You may also face legal fees, brand damage, and disruption. These situations are not rare. The employees are now more aware of their rights and the regulators pay closer attention.
Prevention is not just good practice. It’s protection.
You need to do more than just act honestly. You must prove it.
Too many businesses have been caught unawares, not because they ignored the problem but because they failed to document their response. It’s not sufficient to act responsibly when a complaint has been made about unfair treatment, stress, mental health or mental illness. You will be asked to explain what you did and when.
It is even more important when it comes to mental health.
Employees with long-term mental illnesses may be classified as disabled under the Equality Act 2010. This means that employers are legally required to make reasonable accommodations and ensure these employees are not treated unfairly because of their mental health condition.
Even the most well-meaning of employers can be exposed when they cannot show clear proof that they have taken action.
Legal protection for mental health and discrimination claims
It is rare that workplace complaints are simple, especially when they involve mental health issues, stress or even discrimination. These issues are taken seriously by legal bodies and tribunals.
We must go beyond simply offering support when something goes wrong. Employers need to create an environment where risks are identified earlier, complaints are taken serious, and actions properly recorded.
The right to health and wellbeing is not a luxury, but a legal obligation.
As part of your legal responsibility, you must ensure a safe work environment both physically and mentally. This includes stress risk assessments in accordance with UK health and safety laws.
Although they may not be required, I think that surveys, early support, and reporting tools are essential. These tools give you the chance to take action before problems become more serious.
Many businesses still view wellbeing as an add-on that can be added when the budget permits or pressure increases.
This approach is not only outdated. It’s dangerous.
What does it mean in practical terms?
Your wellbeing strategy is not effective if it does not include prevention, evidence and accountability. If you invest in wellbeing, but don’t consider compliance, your organisation is exposed to unnecessary risks.
Many employers use structured systems today to identify problems early, collect feedback and track their responses. These tools may not be a legal requirement but I think they are essential in demonstrating your responsibility, especially when challenged.
If you are handling this internally, or with the help of external support, your goal should be to avoid issues as much as possible, respond honestly, and then prove it if asked.
It’s impossible to prevent all issues, but by implementing the right systems and safeguards you can show that you were responsible when it was needed.
