Who is protected under the Mental Health Law?
The Mental Health Law applies to individuals who are diagnosed with a psychiatric disorder. Under the Mental Health Law, this means any person who has disturbances in thinking, mood, behaviour, perception, memory, or other mental abilities which can lead to a defect in the social, employment, or educational functions or psychological suffering of a person. It can also include common mental health conditions such as depression or general anxiety disorders.
What responsibilities do employers have under the Mental Health Law?
While the Mental Health Law primarily addresses psychiatric health service providers’ obligations, it also includes provisions for UAE employers. Under the Mental Health Law, individuals must not be restricted in employment due to their condition, and termination is prohibited without a report from a specialised medical committee and adherence to other UAE laws. However, it is still yet to be determined how and where such a specialised committee will be formed. We anticipate that this will be clarified in the Implementing Regulations, which will form part of the Mental Health Law and is expected to be released within a year. In addition to these employment protections, the Mental Health Law requires that employers maintain strict confidentiality of an employee’s mental health information, safeguarding their privacy and dignity in the workplace.
What should employers consider before terminating an employee?
Given the new protections for employees, we expect the Mental Health Law will affect the termination process for UAE employers. To ensure compliance, UAE employers should take into account any information indicating that an employee may have a psychiatric disorder when addressing performance or disciplinary issues. If such information exists, the employer must obtain a report from a specialised medical committee before terminating the employment and assess whether reasonable adjustments can be made to accommodate the employee’s situation.
What penalties apply for breaches of the Mental Health Law?
The Mental Health Law sets out penalties for non-compliance, including fines from AED 50,000 to AED 200,000 and imprisonment. However, the legislation does not explicitly link these penalties to employer breaches, making it unclear what specific penalties would apply to employers who breach the provisions. The Implementing Regulations once published are expected to provide further guidance on this.
So, what should employers do now?
The Mental Health Law aligns with the global trend of increased mental health awareness and the significant movement towards recognising and addressing mental health issues. The Mental Health Law is subject to Implementing Regulations which are due to be published within one year of the publication of the Law. In the meantime, employers should consider developing mechanisms for monitoring compliance with the Mental Health Law, including regular audits, and policy reviews. They should also ensure that their policies, procedures, and actions comply with legal requirements and best practice. More generally, employers can adopt proactive measures and support systems such as providing training on mental health awareness or providing reasonable accommodation for employees with mental health conditions. This will help create a mentally healthy and legally compliant work environment. If you need any support with this or would any further information, please get in touch with a member of the MDR ONE team.
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