Turning Mental Health Awareness into Action in Irish Workplaces

Why workplace mental health is now a legal duty for Irish employers and how leadership can embed prevention, wellbeing and resilience.

In brief

• Mental health at work is a core legal duty in Ireland and must be managed through formal health and safety processes.
• Many employers lack structured approaches, increasing legal exposure, reputational risk and strain on retention and performance.
• Frameworks like ISO 45003 help leaders build prevention, psychological safety and wellbeing into everyday management practices.

Employee wellbeing is now firmly on the agenda for Irish employers. This focus brings clear benefits but also bring challenges.   

Consider the following scenario: a late-night email arrives to a manager’s inbox with a simple statement: “I can’t do this anymore…”.  At first glance, this might seem like a performance problem such as ‘I don’t have the bandwidth to work on this project’. But, more than likely, this is a wellbeing issue. 

‘We are seeing that scenarios like this are increasingly common. While the underlying cause can be a multitude of factors, we now know that the tools and systems designed to facilitate modern day working can have unintended side effects. Blurred boundaries and interrupted rest time, make it difficult for employees to truly “switch off”.’ 

Deirdre Malone, Partner and Head of Employment Law, EY Ireland Ireland.  

Mental health is now a legal and organisational responsibility and employers must protect against  work-related factors that can cause mental or physical harm. 

The Legal Frontier 

Directive 89/391/EEC (the cornerstone of EU occupational safety and health legislation) placed the management of work‑related stress and other mental‑health risks firmly within employers’ core responsibilities for preventing and managing workplace health and safety issues. [1] The Directive was implemented in Ireland (primarily) via the Safety, Health and Welfare at Work Act 2005 (and associated Regulations). Irish employers must, “so far as is reasonably practicable,” ensure the safety, health and welfare of employees. This duty extends beyond the physical environment to include psychosocial hazards capable of causing mental ill-health.[2] 

Crucially, senior executives and directors can face personal liability where breaches occur as a result of consent, connivance or neglect. Sanctions range from fines to imprisonment where personal culpability is established. Beyond the legal ramifications, reputational consequences are real: safety prosecutions attract public scrutiny, may affect tendering opportunities and can undermine employee trust, while civil claims for personal injuries frequently bring unwelcome media attention. 

Yet the legal framework is not designed to punish. Health and safety laws exist to encourage a culture of prevention and compliance. Employers who proactively embed wellbeing and mental health into their wider health and safety systems are better positioned to satisfy legal obligations and to create resilient, engaged and productive organisations. 

A Gap Between Awareness and Action 

While awareness of mental health has undoubtedly increased, many employers still struggle to turn that awareness into structured action. Research by Cork University Business School indicates that 76% of employers recognise their responsibilities for employee mental health, but only one in five have a dedicated mental health budget and just one third have a formal wellbeing strategy.[3] 

This gap between “knowing” and “doing” leaves organisations (and their leaders) exposed. The absence of structured workplace wellbeing risk management often surfaces through rising absenteeism, high staff turnover, strained workplace relationships and complaints involving bullying or harassment. 

The Emerging Standard 

The publication of ISO 45003 in 2021 marked a global milestone: the first international standard on workplace mental health and wellbeing.[4] Closely aligned with the Directive and ISO 45001 (the primary international standard for managing occupational health and safety), it provides practical guidance on identifying, assessing and managing psychosocial risks within an organisation’s occupational health and safety system. 

While not legally binding, it offers Irish employers a practical framework for embedding mental wellbeing into governance, leadership and people strategy. It reframes mental health as a risk management issue and encourages systematic evaluation of factors such as workload, control, support, clarity of roles, workplace relationships and how change is managed.  

Guidance from the Health and Safety Authority (HSA) confirms that mental health is a workplace safety matter. Employers are required to manage work‑related mental health risks through the same health and safety processes used for physical risk. HSA publications support this work with practical guidance that helps organisations reduce risk, sustain performance, and strengthen retention. 

Leadership Through a Human Lens 

Today’s leadership challenge is as much cultural as it is legal. Expectations from employees and society are higher than ever regarding safety, wellbeing and responsible leadership. 

“We need to move beyond the idea that mental health is an individual’s issue to manage. The conditions in which people work, how they are led, supported and communicated with, play a central role in determining overall wellbeing.” Dr. Ronan Glynn, EY Ireland Partner & Health Sector Leader 

Compliance may start with legislation, but enduring change begins with leadership. Psychological safety focuses on how work is organised, supported and led so that harm is reduced and people can stay resilient. Managers who understand their duty of care and who are supported by clear workplace policies are better able to spot early signs of distress and adjust workloads in time. Policies on flexible work, workload management and conflict resolution provide structure, and leadership behaviour determines how consistently they are applied. 

A Culture of Prevention 

In line with the legislative and regulatory intention, prevention, not crisis management, should be the goal. 

“The most progressive organisations measure workplace wellbeing risk as carefully as they measure financial risk, because both can undermine organisational performance if left unchecked.”  Dr. Ronan Glynn, EY Ireland Partner & Health Sector Leader 

Embedding that mindset requires coordination between HR, legal and leadership teams. It requires forethought and proactivity across the board, from designing an appropriate safety strategy, to implementing a roadmap to follow in a crisis, or creating a suitable emergency response plan. How these concepts are executed is always key and leaders should know that while the law sets clear boundaries, culture determines whether those boundaries are respected. 

The Leadership Opportunity 

For Irish employers, this is a moment of both accountability and opportunity. The law is clear: mental health risks must be managed like any other workplace hazard. The business case is equally compelling: employees who feel safe, supported and valued are more productive, innovative and loyal. 

Leadership on mental health means creating an environment where issues can be raised before they escalate. It means understanding the organisation’s risk profile, ensuring that the right frameworks and resources are in place, and taking responsibility for ensuring those frameworks are implemented and lived in practice. 

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Footnotes 

_{[1] Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work.}

_{[2] Safety, Health and Welfare at Work Act 2005, s. 8(2)(b).}

_{[3] Cork University Business School Survey on Mental Health & Wellbeing Promotion in Irish Firms, 2023.}

_{[4] ISO 45003:2021 (en), Occupational health and safety management — Psychological health and safety at work — Guidelines for managing psychosocial risks.}

_{[5] I.e. the combined influence that psychological factors and the surrounding social environment have on a person's physical and mental wellness and their ability to function.}