Stress and poor mental health are now among the most common reasons employees take time off work. For employers, this is not just a wellbeing issue. It is a legal one too. Every employer has a duty to protect the health, safety and welfare of their staff, and that duty extends to mental as well as physical health.
A mental health risk assessment is one of the most practical tools available to employers who want to meet that duty and build a genuinely supportive workplace. In this guide, we explain what a mental health risk assessment is, why it matters, and how to carry one out properly.
What is a mental health risk assessment?
A mental health risk assessment is a structured process for identifying the things at work that could cause stress or harm an employee’s mental health and putting steps in place to reduce or remove that risk. It works in the same way as a physical health and safety risk assessment, but the focus is on psychological hazards rather than physical ones.
This might include excessive workloads, unclear job roles, poor working relationships, a lack of managerial support, or ongoing organisational change.
Your legal duty as an employer
Under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, employers must assess the risks to employee health and safety, including mental health or stress triggers, and take reasonable steps to manage them.
Where an employee has a mental health condition that meets the definition of a disability under the Equality Act 2010, employers also have a duty to make reasonable adjustments. A proper risk assessment often flags these issues early, well before they escalate into a grievance, a long-term absence, or a tribunal claim.
How to carry out a mental health risk assessment
A good starting point is the HSE Management Standards, which cover six key areas linked to work-related stress: demands, control, support, relationships, role, and change. Working through each of these with your teams helps you build a clear picture of where the pressure points are.
In practice, this usually involves the following steps.
- Identify the hazards. Speak to employees, review absence and turnover data, and look at workloads and working patterns.
- Decide who might be harmed and how. Some roles or teams may carry more risk than others, particularly where deadlines are tight, or support is limited.
- Evaluate the risk and take action. Once you know where the pressure points are, put practical measures in place. This could include redistributing workloads, offering flexible working, or training managers to spot the early signs of stress.
- Record your findings. Keep a clear written record of what you found and what you did about it. This is important evidence of compliance if a dispute ever arises.
- Review regularly. Risk assessments are not a one-off exercise. Revisit them when the business changes, when new risks emerge, or at least once a year.
Common workplace stressors to look out for
Employers should keep an eye out for signs such as high workloads with little control, unclear expectations, poor communication from management, a lack of recognition, and unmanaged organisational change. Left unaddressed, these can lead to burnout, increased absence, and higher staff turnover.
Employer takeaways
- Treat mental health risk assessments with the same seriousness as physical health and safety assessments.
- Use the HSE Management Standards as a practical framework.
- Involve your employees in the process. They know where the pressure points really are.
- Record your findings and the action taken.
- Review and update your assessment regularly, not just after a problem arises.
Getting this right protects your people and your business. It shows your team that their wellbeing is taken seriously, and it puts you in a much stronger position if a mental health-related issue is ever raised formally.
Need help carrying out a mental health risk assessment or updating your wellbeing policies? Get in touch at enquiries@thrivelaw.co.uk or call 0113 869 8101.








