Opinion: We need to stop treating wellbeing as a perk
In my view, the way most organisations approach workplace wellbeing is fundamentally flawed. It’s still framed as a benefit — supportive, helpful, even optional. But that mindset is outdated and risky. Failing to manage stress and mental health at work isn’t just short-sighted. It’s a compliance failure waiting to happen.
Too often, wellbeing strategies focus on what to offer when someone is already struggling.
That’s not prevention. It’s damage control.
And by the time you’re dealing with a grievance, dispute or legal claim, it’s already too late.
The consequences of non-compliance
In my experience, businesses underestimate just how serious the consequences can be. Failing to meet your duty of care doesn’t just affect employee wellbeing. It opens the door to legal, financial, and reputational risk.
Defending your position can be expensive and time-consuming if a complaint is raised and you can’t show what steps you took. Even when you’ve done nothing wrong, the burden of proof often falls on the employer, especially when mental health or perceived unfair treatment is involved.
Legal fees, disruption, and damage to your brand can follow. And these situations aren’t rare anymore. Employees are more aware of their rights, and regulators are paying closer attention.
That’s why prevention isn’t just good practice. It’s protection.
You must do more than act fairly. You need to prove it.
I’ve seen too many businesses get caught out not because they ignored a problem, but because they didn’t document their response. If a complaint is made about stress, mental health, or unfair treatment, it’s not enough to say you acted responsibly. You’ll be expected to show what you did, when you did it, and why.
This is especially critical when mental health is involved.
Under the Equality Act 2010, employees with long-term mental health conditions may be classed as disabled. That means employers have a legal duty to make reasonable adjustments and ensure those employees aren’t treated unfavourably because of their condition.
Even well-meaning employers can be exposed if they can’t show clear evidence of action.
Mental health and discrimination complaints carry legal weight
Workplace complaints involving mental health, stress or discrimination are rarely simple. Legal bodies and tribunals treat these issues seriously and apply scrutiny accordingly.
We need to go further than offering support after something has gone wrong. Employers should create environments where risks are identified early, complaints are taken seriously, and actions are properly recorded.
Wellbeing is a legal responsibility, not just a perk
Ensuring a safe working environment, both physically and psychologically, is part of your legal duty of care. That includes conducting stress risk assessments under health and safety law in the UK.
Surveys, early support and reporting tools may not be mandatory, but I believe they’re essential. They give you insight, visibility, and the opportunity to act before problems escalate.
Too many businesses still treat wellbeing as a bolt-on, something to invest in when budget allows or pressure mounts.
That approach isn’t just outdated. It’s dangerous.
What does this mean in practice?
If your wellbeing strategy doesn’t include prevention, evidence, and accountability, it’s not fit for purpose. And if you’re investing in wellbeing without considering compliance, you’re exposing your organisation to unnecessary risk.
Many employers now use structured systems to identify issues early, gather feedback, and track their response. While not a legal requirement, I believe these tools are vital in demonstrating your duty of care, especially if challenged.
Whether you handle this internally or with external support, the goal is to prevent issues where possible, respond fairly, and prove it when asked.
You can’t prevent every issue, but you can build the right systems and safeguards to show that you acted responsibly when it mattered.
