What is Mental Health Discrimination?
Mental health discrimination is when someone is treated unfavourably because they suffer from a psychological illness or condition. Many mental health conditions are classed as disabilities, and so form a key part of the Equality Act (2010). These conditions are classed as disabilities when the condition is long-term, or affects their daily activities.
What are the different types of mental health discrimination?
There are six main types of mental health discrimination you can face at work. These are direct discrimination, indirect discrimination, harassment, victimisation, failure to make reasonable adjustments, and discrimination arising from disability.
Direct Discrimination
Direct discrimination is treating someone less favourably because of a protected characteristic. An example of direct discrimination at work is being passed up for a promotion at work because of a mental health condition.
Indirect Discrimination
Indirect discrimination is when a company puts in a policy or rule that has more impact on someone with a protected characteristic than someone without one. An example of indirect discrimination at work is requiring an employee to change their shift pattern from a day shift to a night shift despite them taking medication which makes them drowsy.
Harassment
Harassment is unwanted behaviour related to a protected characteristic with the purpose of violating someone’s dignity, or creating a hostile, offensive, degrading, or humiliating environment. Under employment law, harassment is unlawful. An example of harassment at work is an employer making derogatory comments about a condition that an employee suffers from.
Victimisation
Victimisation is treating someone unfavourably because they have taken a form of action under the Equality Act (2010), for example, making a complaint under the act, or supporting someone in a tribunal. An example of victimisation at work is a person helping someone with their employment tribunal being refused a promotion because of their perceived company loyalty.
Failure to make reasonable adjustments
Failure to make reasonable adjustments is where an employer does not make reasonable adjustments for an employee, causing them to be unable to do their job. If the employer believes that a suggested adjustment isn’t reasonable, they should:
- Talk to the disableds person
- Explain their decision
- Try to find another way to support them, for example, making other adjustments that are reasonable
An example of failure to make reasonable adjustments is refusing someone time off work relating to their condition.
Discrimination arising from disability
Discrimination arising from disability is when a person is treated unfavourably because of something arising in consequence of their disability. An example of discrimination arising from disability at work is being disciplined for absences related to their condition.
How mental health discrimination might affect you as a senior employee
Application Process
According to The Equality Act (2010), an employer cannot ask you health questions before offering you a job. This is to discourage discrimination because of your health, and this includes mental health conditions. If you are being asked questions about your mental health during the application process then this could be a sign that you are facing mental health discrimination at work.
Interview Stage
One of the biggest forms of mental health discrimination during the interview stages of job searching is the employer refusing to make accommodations for you based on your mental health condition, for example, allowing a person with anxiety the opportunity for a virtual interview.
On the Job
There are many forms of mental health discrimination that employees suffer whilst on the job. Employers refusing to make accommodations for you, harassment, and direct discrimination are some of these. Whether you’ve worked your way up in the company or are going for a more senior position somewhere new, your employer should make sure that you can do your day to day job.
Promotion Opportunities
If you are discriminated against at work due to mental health, then one of the biggest challenges you may face is being passed up for promotions because of your condition. This is against the Equality Act (2010) and your employer could be liable for any financial losses you incur because of this.
Termination (Redundancy and Dismissal)
The biggest form of discrimination when it comes to termination is employers not taking your circumstances into consideration. For example, if the company is making mass redundancies and using sickness time to determine who to lay off, if they don’t take into consideration a mental health condition when deciding, this can be a form of mental health discrimination.
How can you deal with mental health discrimination at work?
Whilst employees can deal with mental health discrimination at work independently, it can be difficult and fruitless. Using a professional third party can help you enormously. They have the expertise to help you deal with discrimination in the correct and best legal manner. This will ensure that you will be able to go through your case with the right legal representation.
How we can help
At Cavendish Employment Law, we are employment law experts ready to advise you on your legal rights, gather evidence to support your claim, represent you in negotiations and advise you on settlement agreement terms.
We’re one of the City’s top employment law specialists, with a well-deserved reputation for playing hardball for the individuals that seek our assistance. We’re experts in senior employee discrimination and are renowned for the results we get for our clients.
Get in touch with us to discuss your potential mental health discrimination case today.