The Equality Act 2010 is a key piece of legislation in the UK that aims to protect employees from discrimination in the workplace. While much of the focus on this Act has been on physical disabilities, mental health conditions are also covered under its provisions. As we approach World Mental Health Day on 10th October, it’s important to understand how the Equality Act protects employees with mental health conditions, and what employers must do to ensure they meet their legal obligations.

What is the Equality Act 2010?

The Equality Act 2010 is a law that brings together various anti-discrimination laws into one cohesive framework. It protects individuals from discrimination based on several protected characteristics, including disability. Under the Act, a disability can refer to both physical and mental impairments that have a significant, long-term impact on a person’s ability to carry out daily activities.

Mental health conditions can therefore qualify as a disability under the Equality Act, provided they meet the criteria set out by the legislation. It is important to recognise that the Act applies to all aspects of employment, from recruitment and promotion to dismissal and retirement.

When is a Mental Health Condition Considered a Disability?

For a mental health condition to be considered a disability under the Equality Act, it must meet the following criteria:

● Substantial Effect: The condition must have a substantial adverse effect on the individual’s ability to carry out normal day-to-day activities. This means the impact must be more than minor or trivial.

● Long-Term: The condition must be long-term, meaning it has lasted, or is expected to last, for at least 12 months. Even if the condition fluctuates in intensity, it can still be considered long-term if it has ongoing effects.

● Daily Activities: The condition must affect the individual's ability to carry out normal daily activities, such as concentrating, interacting with others, or managing workload.

Conditions such as depression, anxiety, schizophrenia, bipolar disorder, and post-traumatic stress disorder (PTSD) can all be considered disabilities under the Equality Act, provided they meet these criteria.

What Protections Does the Equality Act Offer?

If a mental health condition amounts to a disability under the Equality Act, the employee is entitled to several protections. These protections are designed to prevent discrimination and ensure that the employee is treated fairly in the workplace. Some key protections include:

1. Protection from Discrimination

The Equality Act prohibits discrimination based on disability in all aspects of employment. There are several types of discrimination that can occur in relation to mental health:

○ Direct Discrimination: This occurs when an employee is treated less favourably because of their mental health condition. For example, refusing to promote someone solely because they have disclosed a mental health condition would be considered direct discrimination.

○ Indirect Discrimination: This happens when a workplace policy or practice applies to everyone but disproportionately disadvantages employees with mental health conditions. For example, a policy requiring employees to work long hours could indirectly discriminate against someone with an anxiety disorder who struggles with extended periods of work.

○ Discrimination Arising from Disability: This occurs when an employee is treated unfavourably because of something related to their mental health condition, such as taking time off for treatment. If the employer cannot show that the treatment is justified, this could be considered discrimination arising from disability.

○ Harassment: The Act also prohibits harassment related to an employee's mental health condition. Harassment is unwanted behaviour that violates the dignity of the employee or creates an intimidating, hostile, degrading, or offensive environment. For example, making jokes about an employee's mental health condition could be considered harassment.

○ Victimisation: If an employee raises concerns about mental health discrimination or supports a colleague in doing so, they are protected from victimisation. For example, if an employee is unfairly treated after filing a grievance about mental health discrimination, this would be considered victimisation.

2. Reasonable Adjustments

One of the key protections for employees with mental health conditions is the right to "reasonable adjustments." Employers are required to make changes to the work environment or the way work is done to accommodate an employee's disability. These adjustments are designed to remove or reduce any disadvantages the employee may face because of their mental health condition.

Reasonable adjustments for mental health conditions can include:

○ Offering flexible working hours to accommodate therapy sessions or treatments.

○ Allowing remote working or adjusting workloads to reduce stress.

○ Modifying job duties if certain tasks exacerbate the employee’s condition.

○ Providing additional support, such as regular check-ins with managers or access to counselling services.

3. The aim is to ensure that employees with mental health conditions are not put at a disadvantage compared to their colleagues. Employers must work collaboratively with employees to determine what adjustments are necessary and feasible.

4. Protection from Unfair Dismissal

Employees with mental health conditions are protected from being unfairly dismissed under the Equality Act. If an employee is dismissed because of their mental health condition, without the employer exploring reasonable adjustments or offering appropriate support, this could be considered discrimination.

For example, if an employee is dismissed after taking time off work due to depression, but the employer has not offered any support or reasonable adjustments to help them manage their condition, this could constitute unfair dismissal. Employers must take care to follow fair procedures when considering dismissal and ensure that all other options, such as adjustments to the employee's role, have been explored.

What are Employers’ Legal Obligations?

Employers in the UK have a legal obligation to take steps to prevent discrimination and support employees with mental health conditions. Here are some of the key obligations under the Equality Act:

1. Making Reasonable Adjustments

Employers must take proactive steps to make reasonable adjustments for employees with mental health conditions. The adjustments should be tailored to the employee’s needs and must be designed to enable them to perform their role effectively without facing unnecessary disadvantages.

Employers should engage in open discussions with the employee to understand their needs and determine what adjustments are appropriate. It is important to note that what constitutes a "reasonable" adjustment will depend on factors such as the size and resources of the organisation, as well as the specific nature of the employee’s condition.

2. Preventing Discrimination

Employers must ensure that they have policies and procedures in place to prevent discrimination based on mental health. This includes reviewing workplace policies to ensure they do not inadvertently disadvantage employees with mental health conditions and providing training to managers and staff on mental health awareness.

Employers should also have clear processes in place for handling complaints of discrimination, harassment, or victimisation, and ensure that employees feel safe and supported when raising concerns.

3. Supporting Mental Health in the Workplace

Beyond the legal obligations, employers should also aim to create a workplace culture that supports mental health. This can involve offering access to Employee Assistance Programmes (EAPs), providing mental health first aid training, or appointing mental health champions within the organisation. Creating an environment where employees feel comfortable discussing their mental health can help reduce stigma and encourage employees to seek support when needed.

Conclusion

The Equality Act 2010 provides vital protections for employees with mental health conditions, ensuring they are treated fairly and without discrimination in the workplace. By making reasonable adjustments, preventing discrimination, and fostering a supportive work environment, employers can not only fulfil their legal obligations but also promote better mental health outcomes for their staff. As World Mental Health Day approaches, now is the perfect time for employers to review their mental health policies and ensure they are meeting the needs of all employees.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

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