Mental Health at work.

Your rights at work

If you have a mental health problem, it is important that you are not treated unfairly at work. Employees and job applicants have legal rights, and employers should understand their responsibilities when a mental health condition affects someone in the workplace.

In England, Wales and Scotland, workplace discrimination is covered by the Equality Act 2010. A mental health condition may be treated as a disability if it has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. In Northern Ireland, different disability discrimination legislation applies.

Protection Under the Equality Act 2010

The Equality Act 2010 can protect employees and job applicants where a mental health condition meets the legal definition of disability. This protection can apply at every stage of employment, including recruitment, promotion, training, day-to-day treatment at work, sickness absence, disciplinary action, dismissal and leaving employment.

Employers must not treat someone unfavourably because of disability or because of something arising from disability, unless they can show a lawful reason. They must also consider whether reasonable adjustments are needed to remove or reduce disadvantages faced by the employee.

Reasonable Adjustments at Work

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to disability. They may include changes to working hours, duties, workload, supervision, communication, absence procedures, equipment or the working environment.

What is reasonable will depend on the employee's condition, the role, the size and resources of the employer and the practical steps available. Employers should take mental health concerns seriously and should usually discuss possible adjustments with the employee. A failure to make reasonable adjustments can give rise to a legal claim.

Examples of Mental Health Discrimination

Mental health discrimination at work may include refusing to employ someone because of a mental health condition, dismissing them because of a disability-related absence, applying policies unfairly, making inappropriate comments, failing to make reasonable adjustments or treating the employee less favourably than others.

Each case will depend on the evidence. Emails, meeting notes, medical information, occupational health reports, grievance records and witness evidence may all be relevant.

Getting Advice and Support

Several organisations can provide general guidance on mental health and workplace rights, including Mind, Acas and the Disability Law Service. However, if you need advice on your own employment situation, it may be sensible to speak to a solicitor who specialises in employment law.

Find an Employment Solicitor

To find a solicitor who may be able to help with mental health discrimination at work, use the search facility, select Employment Law and enter your location.