Mental Health Discrimination

We’re a team of calm, confident and cost conscious employment laywers. Call us today on 01793 296581

Book Your FREE Consultation

Why trust us with your unique situation? We’re independently rated EXCELLENT by our clients.

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.

Mental Health Discrimination in the Workplace

There are many different types of mental health conditions which may include or result in a finding of a disability at law including the following:-

  1. Dementia 
  2. Depression 
  3. Bipolar disorder 
  4. Obsessive compulsive disorder  
  5. Schizophrenia

Disability discrimination legislation has the objective of addressing less favourable treatment against employees who are suffering from disabilities within the workplace. There is also disability discrimination legislation which protects individuals from mental health discrimination in a range of further circumstances including in education and the relation to the provision of goods and services.

Request A FREE Call Back From A Senior Employment Law Solicitor

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.

Request A FREE Call Back From A Senior Employment Law Solicitor

    Excellent, professional service. Having been offered what I considered to be a raw settlement deal by my ex-company I decided to contact DPH Legal. From the moment I spoke to them I knew I was in good hands.

    Technical Sales Lead

    I received truly amazing feedback, advice and guidance on my situation and was guided to the best and quickest possible resolve. As a result, I am in a really positive place and managed to find my way through situation/issues I was embroiled in.

    Excellent Support and Guidance

    Bringing Clarity to Your Employment Law Affairs…

    Our 3 Step Process


    Book A Free Consultation

    This complimentary consultation allows our employment solicitors to understand more about your specific situation so we can provide you with the best advice possible.

    We’ll layout your options and will advise you upfront of any costs involved.


    Understand Your Situation

    Understanding your unique situation will help us to understand how we can help you move forward with more clarity.

    Although everyone’s situation is unique, we’ve most likely dealt with similar scenarios before.

    Know Where You Stand

    Whether that's pursuing unfair dismissal, negotiating a larger settlement agreement, starting a claim for discrimination or simply having peace of mind.

    We'll help to feel, clearer and more settled.

    We can be contacted 24 hours a day.
    Our Reading Head Office address is:

    Davidson House
    Forbury Square
    RG1 3EU
    0118 914 5622
    07850 952245