Your rights at work: Simple guide to discrimination and mental health
Awareness of the importance of mental health is rising, and Sunday 10 October 2021 is World Mental Health Day. Launched in 1992 by the World Federation for Mental Health, it’s an international day for education, awareness and advocacy against social stigma to do with mental health.
With ongoing lockdowns and restrictions, working from home inconveniences, furlough uncertainties and the risk of job losses, it’s no surprise that mental health issues are on the increase.
That’s why we’ve produced this simple guide to discrimination and mental health.
Definition of terms
Any mental health condition can result in stress, anxiety and depression. If you have a mental health condition, it may fall within the definition of a ‘disability’ under the Equality Act 2010. In law, a disability is any long-term physical or mental impairment which has a substantial negative effect on your ability to carry out everyday activities.
- “Long-term” means a condition that has gone on, or is likely to go on, for at least 12 months
- “Substantial effect” depends on how the condition affects you when you are not undergoing therapy or taking medication
Your employer is obliged to make “reasonable adjustments” to remove any disadvantage you would otherwise suffer due to your disability. Also, you should not be treated less favourably or put at a disadvantage in the workplace as a result of your condition.
- “Reasonable adjustments” are changes to your working environment or processes, such as flexible working, reducing the responsibilities of your role (even temporarily), providing extra support or training, the opportunity to work from home, or making physical changes to the workplace. The kind of adjustments your employer is expected to do will depend on the requirements of your job, company resources, and the level of impact the changes would make to you
- Your employer may also provide a dedicated helpline or mental health support group or counselling
- They might also do risk assessments to prevent you and other employees suffering excessive stress
Have you been discriminated against at work?
If you’ve been diagnosed with a mental health issue, it’s important to tell your employer. When your employer knows you have a mental health issue, they should not allow you to be discriminated against. For example:
- You should not be passed over for promotion because of your disability
- You should not be dismissed due to sick leave you’ve taken in connection with your disability
- You should not be harassed or bullied in the workplace because of your disability
- You should not be disadvantaged by policies and practices that apply to everyone at work
What this means to you
Anyone’s mental health can be affected by personal issues such as bereavement, and by specific workplace incidents such as:
- Not coping with your workload
- Not receiving the support or training you need to do your job
- Being bullied by managers or colleagues
- Facing allegations of poor performance or going through a Performance Improvement Plan (PIP)
- Being accused of misconduct and going through disciplinary and grievance procedures
If you experience low mood, anxiety or clinical depression, you’ll need to provide medical evidence if it’s to be classed as a disability.
Your employer has a duty of care for your health and wellbeing and must do all they reasonably can to support you. If that hasn’t happened, here’s a quick outline of the steps to follow:
- Make a complaint to your manager
- Register a formal grievance following your usual workplace process
- Contact us about making an employment tribunal claim
As with anything in law, the situation is complex and definitions are important, which is why we’ve explained some of them above and why it’s important to take specialist advice as soon as possible.
Your employer may be able to defend a claim of disability discrimination if they can prove their behaviour is a ‘proportionate means of achieving a legitimate aim’. Note that alcohol and / or drug addiction do not count as mental health issues, unless they are caused by an underlying condition such as depression.
Related reading – Your rights at work: Simple guide to discrimination and mental health
For further information on this topic, you might find our other articles useful:
- “I’m concerned about my mental health”
- “I’m overworked and it’s affecting my mental health”
- An expert guide to your rights with a hidden disability
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