Understanding Your Rights with Mental Health at Work
If you have a mental health condition that affects your ability to work, it’s important to understand your legal rights and the protections available to you. Mental health conditions can include a wide range of issues, such as depression, anxiety, bipolar disorder, or stress-related illnesses. These conditions may impact your concentration, energy levels, or ability to interact with colleagues, and can sometimes make it harder to meet the demands of your job.
In the UK, the main law that protects workers with mental health conditions is the Equality Act 2010. This legislation makes it unlawful for employers to discriminate against employees because of a disability, which can include long-term mental health conditions. Under the Act, a mental health condition is considered a disability if it has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities. “Substantial” means more than minor or trivial, and “long-term” usually means lasting, or likely to last, for at least 12 months.
Knowing your rights under the Equality Act is crucial. It means you are entitled to fair treatment at work and can request reasonable adjustments to help you do your job. These adjustments might include flexible working hours, changes to your workload, or providing a quiet space to work. If your employer fails to make reasonable adjustments or treats you unfairly because of your mental health, this could be considered discrimination.
Understanding your rights is also part of a broader set of protections for disabled people in the workplace. For more on how these rights fit into the bigger picture, see our guide on Disability Rights at Work. If you want to explore the legal definitions and protections in more detail, you can also read about the Rights of Disabled People under UK law.
Taking the time to learn about your legal protections can empower you to speak up if you experience unfair treatment and ensure you get the support you need to thrive at work. If you’re unsure whether your condition is protected or what steps you can take, it’s a good idea to seek advice early on.
What Counts as a Disability in Terms of Mental Health?
What Counts as a Disability in Terms of Mental Health?
Under UK law, a mental health condition can be considered a disability if it meets certain criteria set out in the Equality Act 2010. The Act protects people from discrimination at work and in wider society, but not every mental health issue automatically qualifies as a disability. Understanding these criteria is essential for knowing your rights and what support you can expect from your employer.
Legal Criteria for Mental Health as a Disability
To be recognised as a disability under the Equality Act 2010, your mental health condition must:
- Be a mental impairment, such as depression, anxiety, bipolar disorder, schizophrenia, obsessive-compulsive disorder (OCD), or post-traumatic stress disorder (PTSD).
- Have a substantial negative effect on your ability to carry out normal daily activities. “Substantial” means more than minor or trivial – for example, difficulties with concentration, memory, social interaction, or completing everyday tasks.
- Be long-term, meaning it has lasted, or is likely to last, for at least 12 months (or for the rest of your life).
Some progressive conditions – those that get worse over time – can also be classed as disabilities. Additionally, if you have been diagnosed with HIV, cancer, or multiple sclerosis, you are automatically protected as disabled from the day of diagnosis, regardless of the current impact on your daily life.
For a clear and official explanation, you can read the Definition of disability under the Equality Act 2010.
Examples of Mental Health Conditions That May Qualify
Mental health conditions that often meet the disability definition include:
- Depression and severe anxiety disorders
- Bipolar disorder
- Schizophrenia
- PTSD (Post-Traumatic Stress Disorder)
- Personality disorders
- Eating disorders, such as anorexia or bulimia
- OCD (Obsessive Compulsive Disorder)
It’s important to remember that not everyone with these conditions will be considered disabled under the law. The key factor is the impact on your day-to-day life and how long the effects last.
How This Applies at Work
If your mental health condition meets these criteria, you have the right to reasonable adjustments at work to help you do your job. Employers must not discriminate against you because of your disability. For more details on how disability is defined in the workplace, see What Counts as a Disability at Work?
If your condition affects your ability to work, you may also be entitled to time off and financial support. Learn more about your rights in the context of Mental Health and Sick Leave.
Understanding whether your mental health condition counts as a disability is the first step to getting the support and protection you deserve at work. If you’re unsure, seek advice from your GP, a mental health professional, or a legal adviser.
Protection Against Discrimination Because of Mental Health
If you have a mental health condition, the law protects you from discrimination at work. Employers must not treat you unfairly because of your mental health – this applies whether you’re applying for a job, already employed, being considered for promotion, or facing dismissal.
What the Law Says
Under the Equality Act 2010, most mental health conditions are considered disabilities if they have a substantial and long-term effect on your ability to carry out normal day-to-day activities. This means you have legal protection against discrimination, just as you would with a physical disability. The Mental Health (Discrimination) Act 2013 further strengthens these protections, making it clear that discrimination based on mental health is unlawful in various areas of public life, including employment.
For a broader understanding of how disability discrimination is addressed under UK law, see Disability Discrimination in the Workplace.
Types of Discrimination
Discrimination related to mental health at work can take several forms:
- Direct Discrimination: This happens when you are treated less favourably than others because of your mental health. For example, being rejected for a job or promotion solely because you have depression or anxiety.
- Indirect Discrimination: This occurs when a workplace policy or practice applies to everyone but puts people with mental health conditions at a disadvantage. For instance, a requirement for all staff to work late hours could disadvantage those whose mental health condition means they need a regular routine.
- Harassment: This involves unwanted behaviour linked to your mental health that makes you feel intimidated, degraded, or humiliated. Examples include colleagues making jokes about mental illness or using offensive language.
- Victimisation: If you are treated badly because you have made a complaint about discrimination or supported someone else’s complaint, this is victimisation. For example, being excluded from meetings after raising concerns about mental health discrimination.
When Discrimination Can Happen
Discrimination can occur at any stage of employment, including:
- Recruitment: Being asked inappropriate questions about your mental health during interviews, or being rejected for a role because you disclosed a mental health condition.
- During Employment: Not being offered reasonable adjustments, being passed over for training or promotion, or being unfairly disciplined due to symptoms of your condition.
- Promotion and Dismissal: Being overlooked for promotion or selected for redundancy because of your mental health, rather than your abilities or performance.
Recognising Mental Health Discrimination at Work
It’s not always easy to spot discrimination, especially if it’s subtle or indirect. If you’re unsure whether what you’re experiencing counts as discrimination, our guide on Disability Discrimination at Work: What It Looks Like offers detailed examples and advice.
If you believe you’ve been treated unfairly because of your mental health, you have the right to challenge this and seek support. Employers are legally required to consider reasonable adjustments to help you do your job and to ensure a fair and supportive workplace.
Understanding your rights is the first step to protecting yourself and ensuring that your workplace is inclusive and respectful of mental health.
Employer Responsibilities to Support Mental Health
Employers in the UK have a clear legal responsibility to support the mental health of their employees. Under the Equality Act 2010, if you have a mental health condition that qualifies as a disability, your employer must take reasonable steps to remove or reduce any disadvantages you face at work because of your condition. This legal duty is known as making "reasonable adjustments," and it is not optional – employers are required by law to consider and implement these changes where appropriate.
What Are Reasonable Adjustments?
Reasonable adjustments are changes to your working environment or practices that help you do your job and manage your mental health condition. These adjustments can vary widely depending on your needs and the nature of your role. Examples include:
- Flexible working hours: Allowing you to start or finish work at different times, or to work from home, to help manage symptoms or attend medical appointments.
- Adjustments to workload: Changing deadlines, reallocating tasks, or providing additional support during busy periods.
- Providing quiet spaces: Offering a quiet room or private area for breaks if you find busy or noisy environments overwhelming.
- Changes to communication: Using written instructions instead of verbal, or providing regular check-ins with your manager.
- Time off for treatment: Allowing paid or unpaid leave for therapy, counselling, or medical appointments.
The key is that these adjustments should be tailored to your specific needs and discussed openly with your employer. If you’re not sure what might help, you can ask for an occupational health assessment or seek advice from a mental health charity.
Employer Policies and Support
Beyond individual adjustments, employers are encouraged to have clear policies in place to promote mental health and wellbeing at work. These might include mental health awareness training for managers, access to employee assistance programmes (EAPs), and regular reviews of workplace practices to ensure they are supportive for all staff.
Having these policies not only helps employees feel supported but also creates a healthier, more productive workplace overall.
Legal Protections and Next Steps
It’s important to remember that the duty to make reasonable adjustments is a legal requirement. If your employer fails to make adjustments when they should, this could amount to discrimination under the Equality Act 2010. You can learn more about your rights and what your employer should do in our guide to the Employer Duty to Make Reasonable Adjustments.
If you’re experiencing difficulties at work due to a lack of support, or if you’re unsure how these rules might apply in situations involving workplace behaviour, you may also find it helpful to read about Providing Support and Reasonable Adjustments in the context of managing difficult situations at work.
Employers should always approach requests for support with understanding and a willingness to find solutions. If you need adjustments, don’t hesitate to discuss your needs with your employer – they have a legal and moral duty to help you thrive at work.
How to Ask for Reasonable Adjustments at Work
Asking for reasonable adjustments at work can feel daunting, but it is your right under the Equality Act 2010 if you have a mental health condition that affects your ability to do your job. Reasonable adjustments are changes an employer can make to remove or reduce barriers you might face at work because of your mental health. These could include flexible working hours, changes to your workload, providing a quiet workspace, or allowing time off for medical appointments.
Steps to Request Reasonable Adjustments
- Think About What You Need
Start by considering which aspects of your job are challenging because of your mental health and what changes might help. You do not need to be formally diagnosed or registered as disabled to ask for adjustments. If your mental health condition has a substantial and long-term effect on your ability to carry out normal day-to-day activities, you are protected under the Equality Act 2010. - Speak to Your Employer
Open communication is key. Arrange a meeting with your line manager or HR department to discuss your needs. Be as clear as possible about how your mental health affects your work and what adjustments might help. This conversation can be informal, but it’s often helpful to follow up in writing so there is a clear record. - Put Your Request in Writing
After your initial conversation, send an email or letter outlining your request. Include details about your condition (as much as you feel comfortable sharing), how it impacts your work, and specific adjustments you believe would help. This creates a paper trail in case you need to refer back to your request later. - Keep a Record
Make notes of all conversations, emails, and meetings about your request. Keeping a record will be useful if you need to escalate your request or if there is any disagreement about what was discussed. - Understand Your Employer’s Duties
Employers have a legal duty to consider and, where reasonable, put adjustments in place. What counts as ‘reasonable’ depends on the size and resources of your employer and the nature of your job. For more detail on what adjustments might be possible and how employers should respond, see Requesting reasonable adjustments at work.
If Your Request Is Refused or Ignored
If your employer refuses your request, they should give a clear reason. Sometimes, an adjustment may not be considered ‘reasonable’ if it would be too costly or impractical for the business. However, your employer must not ignore your request or dismiss it without proper consideration.
If you feel your request has been unfairly refused or not properly considered, you can:
- Ask for a written explanation of the decision.
- Raise the issue with your HR department or through your company’s grievance procedure.
- Seek advice from an external body such as Acas or a trade union representative.
- Consider whether you have experienced discrimination under the Equality Act 2010.
For further guidance on supporting employees with mental health conditions and making adjustments, you may also find it helpful to read about Providing Support and Reasonable Adjustments.
If you want more detail on the process of making a request, see our dedicated guide on How to Ask for Reasonable Adjustments at Work.
Registering as Disabled at Work
Registering as disabled at work can offer important protections and support if your mental health condition meets the legal definition of a disability under the Equality Act 2010. This law defines a disability as a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities. Many mental health conditions – such as depression, anxiety, bipolar disorder, or schizophrenia – may qualify if they have a significant impact on your day-to-day life and are expected to last at least 12 months.
Benefits of Registering as Disabled
Registering as disabled at work is not mandatory, but it can be highly beneficial. By formally notifying your employer about your disability status, you gain specific legal protections against discrimination, harassment, and victimisation. This status also makes it easier to access reasonable adjustments – changes or support at work designed to help you perform your job effectively. Examples of reasonable adjustments for mental health conditions might include flexible working hours, changes to workload, quiet working spaces, or extra breaks during the day.
Confidentiality and Your Rights
It’s important to know that registering as disabled is voluntary and confidential. You are not required to disclose your mental health condition to your employer unless you wish to access legal protections and support. If you do choose to register, your information must be handled sensitively and only shared with relevant staff (such as HR or occupational health) on a need-to-know basis.
How to Register as Disabled at Work
The process of registering as disabled typically involves informing your employer – usually through your manager, HR department, or occupational health team – about your mental health condition and its impact on your work. You may be asked to provide medical evidence, such as a letter from your GP or mental health professional. Once registered, you can discuss what reasonable adjustments may help you at work.
For a detailed step-by-step guide, see How to Register as Disabled at Work.
Accessing Additional Support
Registering as disabled at work may also make you eligible for certain employment-related benefits and support schemes. To learn more about financial assistance and other legal entitlements, visit the Employment Benefits section of our legal overview on disability benefits in the UK.
Understanding your rights and options can make a significant difference in your wellbeing and experience at work. If you are unsure whether your mental health condition qualifies or how to approach your employer, consider seeking advice from a legal professional or an advocacy organisation.
Raising Concerns and Getting Help if You Face Unfair Treatment
If you believe you are experiencing discrimination or unfair treatment at work because of a mental health condition, it’s important to know you have rights and options for support. The Equality Act 2010 makes it unlawful for employers to discriminate against you due to a disability, which includes many mental health conditions. Here’s what you can do if you feel your rights have been breached:
Start by Raising Your Concerns Internally
Most workplaces have procedures in place for dealing with concerns about unfair treatment. The first step is usually to raise the issue informally with your line manager, HR, or another appropriate person. If this doesn’t resolve the problem, you can make a formal complaint using your employer’s grievance procedure. This is a structured process where you set out your concerns in writing and your employer investigates and responds. Following these internal steps is important, as it shows you have tried to resolve the issue before seeking outside help. For more guidance on the best way to approach this, see our section on how to raise concerns at work.
When to Seek External Help
If your concerns aren’t resolved internally, or you feel unable to use your employer’s procedures, you can seek external support. ACAS (the Advisory, Conciliation and Arbitration Service) offers free, impartial advice on workplace disputes and can help you understand your options. They also provide an Early Conciliation service, which is a required step before making a claim to an employment tribunal.
If informal and formal processes don’t resolve the issue, you may consider taking your case to an employment tribunal. Tribunals can rule on cases involving discrimination, unfair dismissal, and other breaches of employment law. Be aware that strict time limits apply – usually, you must start the process within three months less one day from the date of the last incident.
Get Advice and Support
Facing unfair treatment at work can be stressful, especially when it relates to your mental health. You don’t have to deal with it alone. Specialist organisations such as Mind, Rethink Mental Illness, and Citizens Advice can offer guidance and support. They can help you understand your rights, prepare for meetings, and signpost you to legal or advocacy services if needed.
Act Promptly to Protect Your Rights
It’s important to act quickly if you experience discrimination or unfair treatment. Keeping records of what happened – such as emails, meeting notes, or a diary of incidents – can help support your case. Delays can make it harder to resolve issues and may affect your ability to take legal action, due to the strict time limits for bringing claims.
Remember, you have the right to be treated fairly at work, and there are clear steps you can take if you feel this isn’t happening. Reaching out for advice early can make a significant difference in protecting your wellbeing and your legal rights.
