Compensation for Mental Health Problems at Work: Your Rights and How to Get Help
Updated: Oct 10
Many people develop mental health problems because of their job. Stress, bullying and overwork can all take a toll. If your employer played a part, you may have legal rights. This guide explains when compensation may be possible in England and Wales, and what to do next.
Problems such as stress, anxiety, depression and burnout can affect how you feel and work. Knowing your rights helps you get the support you need. This article is general information. It is not legal advice on your own case.
What are mental health problems at work?
Mental health at work means how you feel emotionally, psychologically and socially in your job. Good mental health helps you cope with stress and work well with others. Poor mental health can lead to lower productivity, time off sick and longer-term health problems.
Some people only have short spells of stress. Others develop a recognised mental illness. Common conditions include:
Depression, including postnatal depression and seasonal affective disorder.
Anxiety disorder, including generalised anxiety disorder and panic disorder.
Post-traumatic stress disorder (PTSD), which can follow accidents or violence at work.
Burnout, which is long-term exhaustion caused by stress.
Other conditions, such as bipolar disorder, obsessive compulsive disorder, personality disorder and eating disorders.
Work does not usually cause these conditions on its own. A claim depends on whether work made a real difference. Medical evidence is therefore very important.
Laws that protect your mental health at work
Several laws protect employees in the UK. They help ensure that employers provide a safe workplace.
Health and safety law: employers must take reasonable steps to protect your health, including your mental health. This includes assessing the risk of work-related stress. The Health and Safety Executive explains the duty.
The Equality Act 2010: it protects workers with a disability from discrimination. A mental health condition can count as a disability if it has a substantial and long-term effect on daily life. Read the Equality Act 2010 on legislation.gov.uk.
Employment law: it protects against unfair dismissal, harassment and victimisation. See our guides on victimisation in the workplace and workplace bullying and constructive dismissal.
The UK does not have a general workers' compensation scheme like some other countries. Claims here usually follow one of two routes: a personal injury claim against the employer, or an employment tribunal claim.
Types of compensation you may be able to claim
The type of compensation depends on how serious your problem is and how it affects your life and job. If a claim succeeds, it may cover:
Medical expenses: the cost of therapy, counselling and medication.
Lost earnings: income you lost because you could not work.
Future losses: earnings you may lose if you cannot return to work.
General damages: money for pain, suffering and loss of enjoyment of life.
Injury to feelings: in a discrimination claim, a tribunal can award compensation for the hurt caused.
The amount depends on your evidence and the facts. Nobody can promise a result at the start.
How to claim compensation for mental health problems
A claim has several stages. Take these steps carefully.
1. Document your experience
Keep detailed records of what happened. Note the dates, times, what was said and who was there. Save emails and messages.
2. Seek medical help
See your GP or another healthcare professional. Ask for a diagnosis and a treatment plan. Medical records are often the strongest evidence in these cases.
3. Raise it with your employer
Tell your employer how work is affecting you. This may lead to changes or extra support. If it does not, make a formal complaint under the grievance procedure. Our guide to grievance meetings and hearings explains the process.
4. Speak to a lawyer
Talk to a solicitor who handles employment or personal injury claims. They can tell you which route fits your case. Time limits apply, so do this early.
5. Check the time limits
A discrimination claim in an employment tribunal must normally be brought within three months, less one day, of the act complained of. You usually have to start early conciliation with Acas first. A personal injury claim usually has a three year time limit. The date can run from when you first knew the injury was linked to work. Do not wait to see which limit applies.
Common challenges in getting compensation
Claims for mental health problems can be hard. Here are some common challenges:
Stigma: many people are slow to speak up because of embarrassment.
Proving the cause: it can be hard to show that work caused the condition.
Employer resistance: some employers deny responsibility.
Legal complexity: the rules are technical, and expert advice helps.
What employers should do
Employers have a duty to take reasonable care of their staff. In practice this can mean:
Assessing the risk of stress and acting on it.
Offering support, such as an employee assistance programme.
Training managers to spot and handle mental health problems.
Making reasonable adjustments to duties or hours for disabled employees.
Enforcing rules against bullying and harassment.
Examples of how claims can arise
The examples below are illustrations only. They are not real cases, and every claim depends on its own facts.
Example 1: bullying. A sales employee is bullied by a manager over many months. She tells HR, but nothing changes. She develops depression and anxiety. She may have a claim if she can show that the employer failed to act and that this harmed her health.
Example 2: excessive workload. An IT worker regularly works long hours without breaks. He warns his manager, but the workload stays the same. He later suffers burnout. A claim would depend on whether his illness was foreseeable and whether the employer took reasonable steps.
Where to find support and information
Getting help is important for your recovery and may support your claim. You can find information and support from:
Your GP and local NHS mental health services.
Employee assistance programmes, which offer confidential counselling.
Therapists and counsellors.
Support groups, which connect you with others facing similar problems.
Charities and helplines that offer advice to young people and adults.
If you are in crisis or thinking about self harm, contact your GP, call 111, or call 999 in an emergency. You can also call the Samaritans free on 116 123.
For related reading, see our guides on workplace mental health claims and workplace injury compensation in the UK.
Know your rights and get help
Mental health problems caused by work are serious. Keep good records, get medical help and take legal advice early. Employers play a key part in creating a healthy workplace. When they fail, the law may offer a remedy.
Remember, you are not alone. Use the support available and take steps to protect both your health and your rights at work.
Key points
Laws exist to protect employees from work-related harm to their mental health.
Compensation may cover medical costs, lost earnings and general damages.
A claim usually involves documenting events, seeking medical help, raising the issue with your employer and taking legal advice.
Time limits are strict, so act early.
Support is available from your GP, employee assistance programmes and charities.
