NHS waiting times and employer obligations

As an expert in psychology, I believe employers must play a proactive role in supporting employee mental health, especially given long NHS waiting times. Employers are legally obligated to ensure well-being under the Health and Safety at Work Act, including making reasonable adjustments under the Equality Act, even before a formal diagnosis. Forward-thinking companies invest in preventative measures, such as resilience-building programs and tools like eQuoo, to support employees even before these challenging times. By providing access to mental health apps and resilience training, employers not only help employees bridge waiting periods, and manage their conditions but also maintain productivity and morale. Confidentiality and non-discrimination are key, and open dialogue is crucial. In summary, proactive support through prevention programs benefits both employees and employers, fostering a healthier, more resilient workforce.

Under the Equality Act 2010 a disability is a long-term impairment which substantially affects your ability to carry out day-to-day activities.

The law considers the impact of the condition, rather than the diagnosis. A diagnosis can help to understand what support is needed, but employees are protected even without a formal diagnosis.

Employers' obligations (including to make reasonable adjustments and not discriminate based on the disability) apply as soon as they become aware of the disability or could reasonably be expected to know about it. It might be trickier to determine when an employer could ‘reasonably be expected to know’ with ‘invisible’ conditions.

Employees who think they have a disability should make their employer aware of any difficulties straight away to ensure they are protected, and seek support at work while awaiting a diagnosis.

Why do we tend to start conversations around productivity before those about wellbeing? The two are intrinsically linked and proactivity pays off. Reactive repair and reparation is expensive.

As many disability rights campaigners will tell you: everyone can and probably will experience disability, impairment or illness, even if just temporarily. Employers who centre inclusion and accessibility as part of more holistic KPIs of “success” can respond more quickly and appropriately to the expected and unexpected vulnerabilities and challenges that all humans face over time.

Gallup's 2023 "State of the Global Workplace" report states that 59% of the global workforce consists of quiet quitters: employees who put no more effort into their jobs than absolutely necessary. And many of those employees are technically well so maybe the workplace isn't.

Don’t wait for the waiting list. Invest a healthy, human-centred work environment and reap the longer term rewards.

Would you knowingly disadvantage some of your employees? Most would say "no," yet many employers wait for a formal diagnosis before making their workplace inclusive. With diagnosis waiting lists at record highs, this delayed inclusivity harms not only employees but the business itself, leading to reduced productivity and higher turnover.

Under the Equality Act, employers must make reasonable adjustments for those facing disadvantages due to a disability, including neurodivergent individuals. Waiting for a diagnosis can increase their struggle and adverse effects on daily activities.

Proactive inclusivity isn't just about compliance—it’s about creating a work environment where all employees can thrive. It improves individual well-being and organisational health. The question isn’t whether you can afford to make these changes, but whether you can afford to wait.