Mental Health Discrimination

mental health discrimination Solicitors in London.

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As a modern law firm, we have a unique understanding of employment discrimination issues so we can provide you with the right advice. Speak to us today if you are considering legal action.

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mental health discrimination Lawyers in London

didlaw are specialist mental health discrimination lawyers in London. If you are experiencing mental health discrimination at work, please contact didlaw as we have experience dealing with a variety of health conditions and can offer you advice and support on mental health discrimination in the workplace. Discrimination against mental health, if this amounts to a disability, is unlawful and we can help you to resolve any disputes with your employer.

We are committed to ensuring that any reasonable adjustments are made on your behalf if you experience mental health discrimination at work. Discrimination based on mental health is a serious matter and we are passionate about helping individuals subjected to discrimination against mental health in the workplace.

We are here to help you when you have faced mental health discrimination from your employer. Enquire today by giving us a call or completing our online contact form to receive further information on the services provided by our mental health discrimination lawyers.

You may have a mental health condition which you do not consider makes you a disabled person but remember that the Equality Act will protect these conditions as disabilities (subject to the definition of disability in the Act). This gives you added rights and protections in the workplace. 

The entire aim of the disability discrimination protections in law is to protect you from adverse treatment which arises because of your condition. Employers are not allowed to treat you unfavourably, to deny you opportunities to promotion, to stigmatise you, to humiliate and harass you for any reason connected to your disability.

Some bad employers on learning that you have a mental health condition may try to nit pick about your work or subject you to unjustified performance management as a way to force you to leave by making the work environment hostile and unwelcome. You should never feel you have to leave a job because of this kind of treatment and must always take legal advice before taking any steps to resign. 

We work across a wide range of common and less common conditions including:

  • Depression
  • Anxiety
  • Bipolar disorder
  • Obsessive Compulsive Disorder (OCD)
  • ADHD
  • Dyslexia/dyspraxia/dyscalcula.

If the impact of your condition disrupts your day to day living over a protracted period of time, you may be Equality Act disabled. Read our guides below for more information: 

How can we help?

If you are being treated badly at work because of a mental health condition this might be unlawful disability discrimination. You might be asking for reasonable adjustments to be made to enable you to participate fully in the workplace. If your employer unreasonable refuses you may need our help. If the situation is untenable and you cannot continue you may wish to think about leaving work.

Examples of the kind of work we do in this area:

  • Writing to your employer to remind them of their legal obligation to make adjustments and asking them to rectify the position.
  • Negotiating an exit package for you to leave employment because the issues at work have become untenable and they are adversely impacting your mental health. 
  • Writing to your employer to query why you have been passed over for promotion since they have learned about your mental health condition. Some employers think that if you have a mental health condition it means you cannot manage stress. This may be discrimination even if they have a positive motive. 
  • Writing a letter before action to your employer setting out the full extent of their failure to protect you in the way the Equality Act requires as a prelude to starting formal litigation. 
  • Sometimes we will write to an employer to gently remind them of their obligations so that they know their employee is taking advice. This can provide comfort and protection against further adverse impact. 

You can find further useful information on mental health discrimination below:

The Equality and Human Rights Commission Advice and guidance on equality and discrimination law. Their Statutory Code of Practice has a wealth of information about discrimination rights and can be downloaded here: https://www.equalityhumanrights.com/sites/default/files/employercode.pdf

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faqs

  • Can I dismiss an employee with mental health issues?

    Employers are able to dismiss employees – in the sense that an employee cannot prevent an employer dismissing them if that is what the employer is set on doing. In short, an employer can sack an employee for being depressed if they are absent from work for an extended period of time and the employer implements a capability or ill-health dismissal procedure. The question then is whether the dismissal was fair and/or discriminatory. If an employee is disabled under the Equality Act 2010, then the employer may be liable for unfair dismissal and/or disability discrimination if they are dismissed without appropriate process, including consideration of any reasonable adjustments that should be made.

  • How can employers support mental health?

    There are many ways employers can support their employees’ mental health – too many to list here. Many employers offer access to Employee Assistance Programmes, private medical insurance including mental health related services such as counselling or therapy. Flexible working or hybrid working patterns that support employees to attain a good work/life balance may assist in helping employees to manage stress levels. Regular appraisals and one-to-one reviews to keep up with employees’ wellbeing should help managers spot issues early on and put support measures in place. Appropriate policies and procedures can also help.

  • Can you get sick pay for mental health?

    If you are signed off sick, with a Fit Note, and fit into the other criteria to qualify, you should be paid Statutory Sick Pay (SSP) for absence in excess of the first 3 days. This applies whatever the reason for your sickness absence. Your employer may have more generous sick pay provision than SSP and you should check their policies in this regard.

  • Can you take time off work for mental health?

    If you are not fit to work, for any reason, you can (and arguably should) take time off sick. If you qualify, you may be paid Statutory Sick Pay (SSP) for your period of absence in excess of the first 3 days. Your employer may have more generous sick pay provision than SSP and you should check their policies in this regard.

specialist employment discrimination lawyers.

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© didlaw 2024

didlaw is a trading name of Didlaw Limited, a limited company registered in England & Wales under co. number 8642712.

The registered office is 3 Waterhouse Square, 138-142 Holborn, London, EC1N 2SW. Solicitor | Director Karen Jackson. Non-lawyer | Director Chris Jackson