Jocelyn FanonArsenal defender Ben White has been absent from multiple high-profile matches this spring, including the North London Derby against Tottenham on 22 February 2026 and the Champions League clash against Bayer Leverkusen in March. While his absences have been attributed to a hamstring injury, the intense public speculation around any footballer's absence from the pitch mirrors a wider conversation happening in workplaces across Britain: what happens when someone simply can't be there, and what are their rights?
The 1 in 5 reality of workplace mental health in the UK
Across British workplaces in 2026, one in five employees is taking time off work for stress-related mental health issues, according to data from the Health and Wellbeing at Work survey. A further 91% of workers report experiencing high levels of pressure at some point in their working lives. These are not fringe statistics. They describe the experience of colleagues, managers, and perhaps yourself.
The challenge is that mental health absences are still poorly understood — and sometimes poorly handled — at work. Unlike a broken arm or a measurable physical illness, mental health conditions are often invisible. This creates a gap between an employee's legal rights and their lived experience.
What the law says: your rights from April 2026
UK employment law provides clear protections for employees dealing with mental health difficulties — and those protections are strengthening in 2026.
Under the Health and Safety at Work Act 1974 and the Management of Health and Safety Regulations 1999, employers have a legal duty of care that encompasses mental as well as physical wellbeing. Mental health conditions recognised as long-term impairments — lasting 12 months or more — are protected disabilities under the Equality Act 2010, meaning employers must make reasonable adjustments rather than simply managing someone out of their role.
Critically, from 6 April 2026, the Employment Rights Act 2025 removes the three waiting days for Statutory Sick Pay. This means employees are entitled to SSP from day one of absence — a significant change that removes a financial penalty for taking time off to recover. For lower earners, the new rate is set at 80% of average weekly earnings (up to the standard flat rate), recognising that the previous flat rate was effectively a pay cut for many workers.
Reasonable adjustments: more than just flexible hours
Many employees and managers assume "reasonable adjustments" means allowing someone to work from home or adjust their hours. In practice, the scope is much wider.
Reasonable adjustments for mental health can include phased returns after absence, reduced workloads during recovery periods, changes to the physical workspace, removal from a particular management line, or access to confidential counselling through an Employee Assistance Programme. Importantly, your employer cannot share information about your mental health condition with colleagues without your explicit consent.
If your employer fails to make reasonable adjustments after being informed of a mental health condition, this can constitute disability discrimination — a claim that can be brought to an Employment Tribunal.
When should you speak to a clinical psychologist?
Taking time off is not always the answer, and for many people the question is not whether to be absent, but how to cope while remaining present. This is where professional psychological support makes a measurable difference.
A clinical psychologist can help you understand the specific factors driving your anxiety, depression, or burnout — whether rooted in the job itself, a management relationship, or circumstances outside work. They can provide evidence-based interventions, such as cognitive behavioural therapy, that have strong track records for workplace-related stress and adjustment disorders.
Waiting lists on the NHS can stretch to several months. Private sessions with a clinical psychologist provide faster access to structured support — typically six to twelve sessions for acute workplace stress — and can run alongside any HR process your employer initiates.
There is no requirement to wait until things are critical. If you are regularly dreading work, struggling to concentrate, or noticing that your performance is suffering without a clear external cause, speaking to a specialist early produces better outcomes than waiting for a crisis point.
What managers need to understand
The legal obligations do not fall only on employees. Managers have a duty to notice and respond to signs of distress — and to handle disclosures sensitively. A manager who responds to a mental health disclosure with dismissal, demotion, or increased monitoring risks personal and organisational liability under the Equality Act.
Acas recommends that all managers receive basic mental health awareness training, understand the provisions of the Equality Act as they apply to mental health, and know how to signpost employees to appropriate internal or external support. Many organisations have Employee Assistance Programmes that offer free confidential counselling — but the 2026 Health and Wellbeing at Work data suggests that awareness of these programmes remains low, with many workers unaware their employer provides them.
If you are a manager dealing with a team member who is struggling, the practical first step is to have a private, non-judgmental conversation — not a performance review. Ask how the person is, listen, and ask what support would be useful. Documenting that conversation, with care and discretion, also protects both parties if the situation escalates to HR proceedings.
Concerned about your mental health at work? A qualified clinical psychologist on Expert Zoom can offer confidential online sessions, often available within days.
This article is for informational purposes only. If you are experiencing a mental health crisis, contact your GP or the Samaritans (116 123) immediately. Employment law guidance is general; for advice on your specific situation, consult a qualified employment lawyer.
