Mental health and the law

If people are treated differently because of a mental health issue, employers may be held accountable and risk facing prosecutions under the laws that protect mental ill health in the workplace.

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Employers have a legal responsibility and a ‘duty of care’ to do all they reasonably can to support the health, safety, and wellbeing of their staff.

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If an employee is showing symptoms of poor mental health, it’s vital that their employer takes the matter seriously and with the same care and consideration as that of a physical illness. 

This includes:

• Making sure staff are working in a safe environment
• Protecting staff from discrimination
• Carrying out appropriate risk assessments

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Equality Act 2010

This Equality Act combines many other historical anti-discrimination Acts including the Equal Pay Act 1970, and Disability Discrimination Act 1995. Characteristics protected by this act cover gender, age, race, disability, and sexual orientation. Mental health conditions considered disabilities under this Act include depression, bi-polar, self-harming behaviours, eating disorders, obsessive compulsive disorder (OCD) and schizophrenia.

Employers need to be aware that for staff to ensure they are protected under the Equality Act, they usually need to disclose their mental health condition and prove it qualifies as a disability. ‘Disability’ has a special legal meaning under the Equality Act. Generally, employers can’t ask potential employees questions about their mental health before a job offer is made, though there are some exceptions. These may include finding out whether a potential employee will be able to do tasks that are central to the job, or if there is a requirement to make reasonable adjustments to the application or interview process.

By Law someone with poor mental health can be considered to be disabled if:

• it has a 'substantial adverse effect' on their life – for example, they regularly cannot focus on a task, or it takes them longer to complete tasks
• it lasts, or is expected to last, at least 12 months
• it affects their ability to do their normal day-to-day activities – for example, interacting with people, following instructions or keeping to set working times.

Health and Safety at Work Act (1974)

This Act outlines provisions to ensure the health, safety and welfare of everyone at work. The Act relates to mental health because it categorises mental health issues developing as a result of work conditions as personal injury. Additionally, The Management of Health and Safety at work Regulations 1999 places a legal duty on employers to protect employees from stress at work by carrying out and acting upon the findings of a risk assessment.

Mental Health (Discrimination) Act (2013)

This Act eliminates the final significant forms of mental health discrimination from existing law. It abolishes legislation previously preventing people with mental health issues from serving on a jury, becoming a company director or serving as an MP.

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