Mental Health Discrimination

Mental Health Discrimination at Work

Mental health discrimination would potentially fall under the wider heading of a “disability” discrimination in the workplace.

If an employee’s mental health has a significant and adverse effect on his or her ability to carry out normal day-to-day activities, it is likely to be the case that those individuals will be protected under the law related to disability discrimination. Typically, mental health discrimination at work would need to be related to an illness which was long lasting, in other words, in excess of twelve months. Mental health discrimination in the workplace would take place if an individual was suffering from a disability in accordance with the Equality Act 2010 and that same individual was subjected to less favourable treatment for any reason connected to his or her illness by a third party. 

Most people with mental health conditions may not regard themselves as having a disability in the ordinary sense, however, the illness which they suffer from may amount to a disability in accordance with the Equality Act 2010.

Employment Law Mental Health Discrimination

Disability discrimination legislation ensures that it is unlawful for employers to discriminate against applicants for new roles as well as incumbent employees. This means that all aspects of employment law from the earliest stages of recruitment, through to the termination of employment, is subject to disability discrimination legislation. It is imperative that employers do not treat those with mental health impairments less favourably at any stage of the employment process, including the conditions of employment that are offered to individuals, disciplinary proceedings and work placement opportunities.

In addition to the above, it is possible for mental health discrimination to occur in the workplace where employers fail to carry out reasonable adjustments for employees who are suffering from a disability. An employer is under a duty to make such adjustments either for employees or job applicants with mental health impairments which amount to a disability if that person is at a large disadvantage, compared to employees who are not suffering from a disability. Reasonable adjustments can apply to any provision, criterion or practise applied by the employer, or to any physical feature of premises, which is occupied by that employer. An employer may be required to transfer employees to alternative posts, make adjustments to working practises, modifying equipment, providing training or retraining as well as offering flexibility in relation to powers to avoid mental health discrimination at work.

An employee who believes that he or she has been subjected to mental health discrimination should of course seek immediate legal advice. Free legal advice may be obtained from the Citizens Advice Bureau, or alternatively, employees who have been subjected to mental health discrimination at work, may decide to contact solicitors for formal advice on the issue. 

Here at DPH Legal, all of our lawyers have experience in advising employees across a range of industries on mental health discrimination in the workplace, including issuing disability discrimination claims and negotiating exit packages for employees who have suffered mental health discrimination.