Do UK businesses have any legal obligation for employee wellbeing?
Asking for a family member, let's call them Sam.
Workers background
Sam was diagnosed with bipolar over 20yrs in their teens. They're very responsible with their health, take their medication, regular doctor check-ins and their condition has never impacted their work or performance until very recently.
Sam holds a senior position for a FTSE 100 company and household brand. They've had this job for over three years and as they live in Northern Ireland and the HQ is in London, they've always worked from home. Their contract says they must come into the office as and when needed which until recently, would be a few days every few months.
Company info
Head office have decided they want all staff back in the office. I know legally, they're within their right to do this.
HR have been invited staff to submit flexible working requests (for those who want to carry on home working) or, in some cases, reasonable adjustment (for those with medical/hard reasons they can't commute to the office). Everyone who has submitted a flexible working request has been denied so far and everyone who has submitted a reasonable adjustment is being pressured into changing it to a flex working request.
Sam's bipolar is heavily impacted by environment. They've got letters from their GP, therapist and submitted medical studies that all say going from their tranquil, rural and isolated home office to London on a regular basis would have a detrimental impact on Sam's health.
Sam's problem
Sam has always had brilliant performance reviews to date and promotions. They can prove they can effectively do their job from home. This has been going on for months now. Sam knows if their request is denied, they're going to lose their job.
As a direct result of this ongoing stress, Sam is having a bipolar depressive episode. Constant headaches, not sleeping properly, routinely physically sick and of course, very depressed.
Sam's current line manager (Dave) has the empathy of a spade and is constantly asking deeply intrusive questions about their condition. Sam has declared all this information on their original request and their occupational health form. Sam does not feel comfortable talking about something so personal to someone they don't trust and repeating the same thing over and over is taking its toll on their health.
Sam informally mentors a junior staff member who also has bipolar. This junior member of staff took an overdoes the other day, whilst they're going to recover, they left a note saying it was because of Dave and the conversation they had to have with him (why can't he just snap out of it, has he tried doing more exercise, has he tried improving his diet etc, all very patronising to someone with a genuine medical condition).
Whilst Sam's mentee's line manager made a complaint against Dave, it was brushed under the rug.
My questions
If you're still with me, thank you. I appreciate this is a lot of text!
Taking the reasonable adjustment request out the scenario - is there anything Sam can do to make sure their request is being handled by someone with more sensitivity or mental health awareness? Bipolar cannot be 'cured' and certainly not with diet and exercise as implied by this line manager.
Sam is obviously reluctant to rock the boat too much but is there anything they can do?
Surely someone ending up in hospital as a direct result of an employee acting on behalf of a business HR must have some accountability? (Sam even said, if they kill themselves, they want to me to make sure there's an inquest and the company is held responsible - this terrified me)
I know they can't terminate Sam's employment because of their bipolar but can the company legally say they can't do their job effectively from their location when they have been for years?
Sam is willing to compromise, the company wants everyone in four days a week with the bear minimum being four days a month for exceptional circumstances. Sam has said they can do one week/5 days every other month in the winter and one week a month in the summer. Does this sound like a reasonable compromise?
I am in no legal position to do anything personally about Sam's health and I'm starting to really panic.