How to Return to Work Safely and Fairly After Mental Health Leave

1. What Should Happen Legally and Practically

Employers are expected to:

• Follow their sick leave policy or any official return-to-work procedure

• Carry out a return-to-work meeting

• Consider reasonable adjustments, especially for mental health

• Ensure you’re not disadvantaged or discriminated against due to your health

⚠️ Even if your employer does not follow their own policy, they are still legally obligated under:

• Health & Safety at Work Act 1974

• Equality Act 2010 (if your mental health condition qualifies as a disability)

• ACAS Code of Practice on Managing Sickness Absence

2. “Phased Return to Work”?

A phased return allows you to gradually ease back into your role instead of jumping in full-time immediately.

It might include:

• Reduced hours (e.g. half days for a week or two)

• Fewer days per week to begin with

• Modified duties (removing high-stress or intense tasks temporarily)

• Working from home if applicable

It should be agreed between you and your employer — ideally after medical advice from your GP or ideally occupational health.

📌 Note: Your GP can recommend a phased return on your fit note (write: "Fit to work with adjustments").

3. Steps an Employee Should Follow for a Fair Return

Step 1: Get medical advice

• Obtain fit to work report from your GP.

• If you are not feeling ready to go back to work fully or if your practitioner advices a phased return, ask your GP to note on your fit note that a phased return is recommended.

• They may also suggest specific adjustments such as less work load or different duties.

Step 2: Notify your employer

• Send them your updated fit note and a request to discuss your return.

Step 3: Attend a Return-to-Work Meeting

This meeting should cover:

• How you're feeling.

• Any ongoing symptoms or needs

• What support or adjustments might help

• Agreement on a timeline to return full-time

➡️ If no meeting is offered, you can request one in writing.

4. What Is Your Employer Responsible For?

By law, your employer should:

• Assess risks to your health (especially if you’re returning with a known condition)

• Consider reasonable adjustments under the Equality Act 2010

• Respect your medical advice and involve occupational health if needed

• Avoid pressuring you to return full-time before you're ready

• Handle your information confidentially

✅ If they have Occupational Health services, they should offer you an appointment to support a safe return.

5. What If Your Employer Does Not Have Occupational Health?

Even if your employer doesn’t have a formal Occupational Health (OH) department, they are still legally responsible for ensuring a safe and fair return to work after sickness absence — especially when it involves mental health.

Here’s what that means:

a. Legal Responsibility Still Applies

Under:

• The Health and Safety at Work Act 1974

• The Equality Act 2010

• The ACAS Code of Practice on Managing Sickness Absence

They must still assess risks and provide reasonable support.

b. What Employers Can Do Instead

If there's no in-house OH, employers can still:

• Request written advice from your GP (via fit notes or letters)

• Ask for your consent to contact your GP under the Access to Medical Reports Act 1988

• Arrange a private independent medical assessment

• Hold a proper return-to-work meeting with HR or your manager

• Adjust your workload or hours in line with reasonable expectations

✅ You may also provide your own medical documentation — they are legally required to take this seriously when planning your return.

c. When Employers Avoid Taking Action

If an employer refuses to:

• Consider your GP’s advice

• Make reasonable adjustments

• Discuss your return in good faith

➡️ You may be able to:

• Raise a formal grievance

• Claim disability discrimination (if your condition qualifies)

• Contact the Equality and Human Rights Commission (EHRC)

• Escalate to ACAS or take legal action via a tribunal

d. How You Can Proactively Protect Yourself

• Request a return-to-work meeting in writing

• Bring a copy of your fit note and any GP recommendations

• Ask them how they plan to fulfil their duty of care

• Keep a written record of all communication and meetings

⚠️ 5. What If Your Employer Tries to:

Situation Your Rights Suggested Action

❌ Push you to return full-time ➡️ Ask for a phased return backed by GP advice

❌ Refuse a return-to-work meeting ➡️ Request one in writing and refer to their policy

❌ Deny reasonable adjustments ➡️ Remind them of their duty under the Equality Act

❌ Discriminate, punish, or dismiss you ➡️ Raise a grievance or seek legal advice immediately

📌 You can contact ACAS, your union, or a solicitor for advice.

6. How to Prepare and Stand Up for Yourself

✅ Know Your Rights

• You don’t need to rush.

• You are entitled to a safe, fair, and supported return.

• If your health condition qualifies as a disability, the company must make reasonable adjustments.

✅ Keep Records

• Save all emails, fit notes, and meeting notes.

• You can bring a support person (e.g., union rep or trusted colleague) to meetings.

✅ Communicate Clearly in Writing

• You can say: “I’m committed to returning to work, but I’d like to do so gradually, with adjustments. My GP has recommended a phased return. Can we arrange a meeting to plan this together?”

🆘 If Your Employer Fails to Support You

• Contact ACAS: 0300 123 1100

• Seek legal advice

• Consider raising a formal grievance

• Consult your union (if a member)

• Keep a record in case of legal action or a tribunal

💬 A Final Word

If you're navigating a return to work after mental health leave, please remember this:

You’re not weak for needing time to heal. You’re not difficult for asking for support. You’re not alone — and you have rights.

Taking care of your mental health is not just valid — it’s essential! You deserve a workplace that sees you as a whole person, not just a role to fill. Advocating for yourself may feel daunting, but it's also powerful. And you don’t have to do it alone — support is out there.

Be kind to yourself. Take one step at a time. You’ve already done something brave by being here. 💛

Asude Muftuoglu

Career & Wellbeing Coach