An Employer’s Duty Of Care And Mental Health Guidance

Published on:

By: Nadia Hurley-Smith

In: Stress Mental Health

Clear guidance for HR and managers handling sensitive wellbeing concerns

When an employee’s behaviour, performance, attendance, or wellbeing changes, it can leave managers unsure about what to do next.

Should they start a conversation? How can they offer support without overstepping? When is it appropriate to seek professional advice?

Knowing the right steps can help employers respond confidently, support their people, and ensure concerns are addressed early.

Step 1: Notice the Signs and Start the Conversation

The first step is recognising when something may have changed.

This could include:

  • A noticeable change in mood or behaviour
  • Increased absence or lateness
  • Reduced confidence or performance
  • Withdrawal from colleagues
  • Signs of stress, anxiety, or feeling overwhelmed

A simple, supportive conversation can often be the starting point.

Managers do not need to have all the answers — they simply need to create a safe opportunity for an employee to talk.

Step 2: Listen Without Making Assumptions

When discussing wellbeing concerns, it is important to approach conversations with empathy and an open mind.

Helpful approaches include:

✓ Asking open questions
✓ Giving the employee time to respond
✓ Listening without judgement
✓ Focusing on support rather than solutions

Avoid trying to diagnose the issue or making assumptions about what someone is experiencing. The aim is to understand what support may be needed.

Step 3: Understand What Support Is Available

Employers do not have to manage wellbeing concerns alone.

Having clear support pathways in place helps ensure employees can access the right help at the right time.

Support may include:

  • Internal wellbeing resources
  • Employee Assistance Programmes (EAP)
  • Occupational Health advice
  • Workplace adjustments
  • Guidance for managers

Knowing where to signpost employees can make difficult conversations feel more manageable.

Step 4: Seek Professional Guidance When Needed

Some situations require additional expertise, particularly when concerns relate to an employee’s health, ability to work, attendance, or ongoing wellbeing.

Occupational Health advice can help employers better understand an employee’s circumstances and provide practical recommendations to support both the individual and the organisation.

Supporting Employees Through EAP & Occupational Health Advice

Our EAP and Occupational Health Advice services provide employers with professional guidance when they are navigating sensitive wellbeing concerns.

Support can help organisations:

  • Identify appropriate next steps
  • Provide employees with access to specialist support
  • Understand workplace impacts
  • Consider reasonable adjustments
  • Support wellbeing, attendance, and long-term workability

Creating Clear Support Pathways

A strong wellbeing strategy is not just about responding when problems arise — it is about ensuring employees know support is available before concerns become more difficult to manage.

By creating clear pathways, training managers, and encouraging early conversations, organisations can build a workplace where employees feel supported and employers feel confident responding to wellbeing concerns.

If you are unsure how to support an employee, our EAP and Occupational Health Advice services can provide the guidance you need.

Not sure where to start?

It’s simple! Just complete a couple of questions, and we will lead you through the process:

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