Understanding your legal rights when it comes to mental health at work is crucial to ensuring you are treated fairly and lawfully by your employer. At Stephensons, we support individuals in asserting their rights in the workplace, particularly in cases involving mental health issues. Whether you are experiencing discrimination, unfair treatment or need adjustments to be able to perform your job effectively, it is important to be aware of your entitlements under UK employment law.
What counts as a mental health condition under the law
Mental health conditions can vary significantly in type and severity. Common conditions include depression, anxiety, stress, post-traumatic stress disorder (PTSD), bipolar disorder, and schizophrenia. UK employment law does not list specific conditions but instead considers whether the mental health issue has a long-term, substantial impact on your ability to carry out day-to-day tasks. If so, it may be classed as a disability under the Equality Act 2010.
Your rights under the Equality Act 2010
The Equality Act 2010 provides legal protection against discrimination for individuals with a disability, which can include mental health conditions. If your condition meets the definition of a disability under the Act, you are entitled to several key protections whilst at work. These include the right not to be discriminated against, harassed or victimised, and the right to request reasonable adjustments to help you cope with your role.
What are reasonable adjustments
Employers have a legal duty to make reasonable adjustments for employees with disabilities, including those with mental health conditions. This duty arises when the employer knows, or could reasonably be expected to know, that the employee has a disability. Reasonable adjustments can vary depending on the circumstances, but they may include:
- Flexible working hours or remote working options
- Changes to workload or duties
- Providing a quiet or private workspace
- Offering additional supervision or support
- Allowing more frequent breaks or mental health leave
If an employer refuses to consider or implement reasonable adjustments, this may amount to disability discrimination, and you may have grounds to pursue a legal claim.
Protection from workplace discrimination
If you suffer disadvantage because of a mental health condition which is recognised as a disability, you are protected against a range of discriminatory behaviours. These include direct discrimination, indirect discrimination, discrimination arising from disability, and failure to make reasonable adjustments. Being dismissed, demoted, or treated less favourably due to a mental health issue can all constitute unlawful discrimination.
Disclosure of your mental health condition
There is no legal requirement for you to disclose your mental health condition to your employer unless you are seeking reasonable adjustments or are covered under occupational health requirements. However, in order for your employer to fulfil their legal obligations, such as making adjustments or preventing discrimination, they generally need to be aware of your condition. It is often beneficial to provide written documentation from your GP or a mental health professional to support your case for workplace support.
How to raise a concern about your treatment at work
If you believe your mental health condition is not being appropriately managed or respected by your employer, you should initially raise your concerns informally if you feel comfortable doing so. If informal methods are unsuccessful or inappropriate, you may need to file a formal grievance under your employer’s internal procedures. At this stage, it is advisable to document all communication and events related to your concerns to help you build a strong case, should the matter escalate.
When to consider a tribunal claim
If your employer has failed in their legal obligations or treated you unfairly due to your mental health condition, and internal resolution has proven unsuccessful, you may be entitled to bring a claim to an employment tribunal. Strict time limits apply, typically three months less one day from the date of the last act of discrimination, so it is critical to act promptly. You must also contact ACAS to engage in early conciliation before submitting a tribunal claim.
Workplace stress and constructive dismissal
Severe workplace stress, especially when ignored or exacerbated by your employer, can amount to a breach of the implied duty of mutual trust and confidence. In such scenarios, you may be entitled to resign and claim constructive dismissal. This is a complex legal area, and it is advisable to consult a legal expert at Stephensons before taking such a step to ensure your case is appropriately handled.
Occupational health referrals and your rights
Your employer may refer you to occupational health services to assess your mental health support needs or ability to perform your job role. You have a right to see and respond to occupational health reports. You are not obliged to undergo an assessment, but refusing may affect how your employer deals with ongoing concerns. Cooperation can often lead to improvements in your working conditions, but it is crucial that any assessments are carried out fairly and confidentially, with your consent.
Sickness absence and mental health
If you are absent from work due to a mental health condition, your employer should handle the situation sensitively and fairly. They should not treat you less favourably or take disciplinary action simply because of your absence due to disability-related illness. Long-term absence may eventually give rise to capability procedures, but employers must follow a fair process and consider alternatives such as phased return plans or role adjustments.
How Stephensons can help
We understand that navigating mental health issues at work can be overwhelming and emotionally draining. At Stephensons, our specialist employment law solicitors provide expert advice and representation to individuals facing challenges related to mental health in the workplace. Whether you are experiencing discrimination, require assistance with requesting workplace adjustments or need to challenge unfair treatment, we are here to support and guide you through the legal process. Our aim is to protect your rights and ensure that your employer meets their obligations under the law.
Final note
For confidential legal advice, contact Stephensons by completing the enquiry form.
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