The theme this year is 'community', and for those of us in HR or leadership roles, it’s a timely reminder of the important role workplaces play in creating spaces where people feel supported, connected, and valued.
Mental Health First Aid (MHFA) works with organisations across all sectors to provide support and guidance on the implementation of mental health first aid training, establishing MHFAider networks and building strategies that create mentally healthy workplaces where everyone can thrive.
Read more: Mental health first aiders in the workplace – are they effective?
Yet, even with this shared commitment to progress, I frequently hear the same questions from HR directors, legal teams, and senior leaders:
“What are our legal responsibilities?”
“Could we be liable if something goes wrong?”
“How do we manage confidentiality?”
These are valid and important questions, especially in the context of growing expectations for employers to prioritise mental health. So, what are the answers?
Legislative obligations
There is no statutory requirement for employers to provide mental health first aid, However, the Health and Safety Executive (HSE) is clear in its guidance: employers must take steps to support mental health at work.
For HR leaders, this presents both a responsibility and an opportunity. While MHFA training is not legally mandated, it helps organisations fulfil their duty of care and act in line with best practice. It also signals to employees that their mental wellbeing is taken seriously.
We are clear that MHFA should never be implemented as the sole solution to wellbeing at work. Its impact is greatest when embedded within a broader, strategic approach to workplace mental health.
Good MHFA training is designed to support early intervention, reduce stigma, and promote recovery. All of these have a positive impact on employee engagement, performance, and retention. Deloitte’s latest report on the mental health costs to the UK economy shows a return of £5 for every £1 invested in mental health interventions. It’s not only the right thing to do for your people, it’s smart business.
Confidentiality
This can be a particularly complex area when it intersects with organisational interests, such as performance or risk.
Our training provides robust guidance on confidentiality. MHFAiders are trained to treat all conversations as confidential, unless there is a risk of harm to the individual or others. They are not expected to disclose information to HR or managers unless there is a safeguarding issue or imminent risk.
Read more: The missing pieces of mental health first aid
In some cases, a tension may arise between the MHFAider’s duty of confidentiality and an employer’s legal responsibilities under the Equality Act or employment law. For example, if an employee discloses a mental health condition that may constitute a disability, there is a question of whether the employer has constructive knowledge.
Here, it’s important to be proactive. Organisations should:
- Include clear guidance on confidentiality and boundaries in internal MHFA policies
- Designate a senior mental health lead or wellbeing champion to advise on complex cases, and
- Support MHFAiders with reflective practice, and the option to debrief safely without breaching confidentiality.
Our MHFAider Support App also helps MHFAiders to them manage their role safely.
Vicarious liability
This is one of the most frequent concerns we hear: can we be held legally responsible if an MHFAider gives incorrect advice or if someone acts in the role without proper training?
Over the years, we’ve worked closely with legal experts and advisors. They have all confirmed that while there is a theoretical risk of vicarious liability, the practical risk is very low. This is provided organisations follow appropriate safeguards.
Read more: Mental health first aiders must be comprehensively supported
Our course sets out explicit boundaries for what the MHFAider role does, and does not involve, ensuring MHFAiders feel confident and well-equipped to carry out their function. Employers can be assured their networks are safe, effective and aligned with best practice.
It’s worth being clear that MHFAiders are not clinical professionals. They do not diagnose conditions or offer therapy. Their role is to listen non-judgementally and signpost to professional or organisational support.
Getting it right
Embedding MHFA training within your organisation shouldn’t be about risk mitigation alone. It’s about culture change. When people are trained, trusted, and supported to act as MHFAiders, they can play a transformative role in building open, compassionate and productive workplaces.
This Mental Health Awareness Week, let’s move beyond fear and uncertainty. Let’s focus on building confident, capable MHFAider communities that make our workplaces better for everyone.
Vicki Cockman is the director of training and consultancy at Mental Health First Aid England
