The relationship between discrimination claims and mental health is an area of growing importance for employers and employees in the UK. As awareness of mental health issues increases, so too has the recognition of legal rights and responsibilities under the Equality Act 2010, and as such has seen a 41% increase in claims in the last 12 months*. This article provides practical guidance for employers and employees navigating these sensitive issues.
Legal framework
The key legislation governing discrimination in the workplace is the Equality Act 2010. It protects employees from unfair treatment based on certain “protected characteristics,” including disability, which can encompass mental health conditions if certain criteria are met.
Section 6 of the Act defines disability as a “physical or mental impairment” that has a “substantial and long-term adverse effect” on a person’s ability to carry out normal day-to-day activities. Conditions such as depression, anxiety, bipolar disorder, obsessive-compulsive disorder (OCD), and schizophrenia may qualify for protection, even if the employee does not consider themselves disabled.
The Act protects employees not only from direct and indirect discrimination, but also from discrimination arising from disability, harassment, and victimisation. Under section 20 of the Act, employers also have a duty to make reasonable adjustments to remove or reduce a disadvantage related to the employee’s disability.
Rise in mental health-related discrimination claims
There has been a significant increase in disability discrimination claims in the Employment Tribunals in recent years (with the number of early conciliation notifications received by ACAS relating to disability discrimination increasing by 31% in 2024-25 alone), with many connected to mental health issues. This increase reflects greater awareness of employee rights but also highlights ongoing challenges faced by employers in supporting mental health in the workplace.
Guidance for employers
- Understand your legal duties: Employers must treat mental and physical health equally in the workplace. Discriminating on the basis of disability or failing to make reasonable adjustments exposes employers to legal claims, reputational harm and adverse impacts on staff well-being and productivity
- Prevent discrimination: Employers should train managers on mental health and the law, review policies and practices to ensure they that they do not inadvertently disadvantage those with mental health issues and strive to create an open and supportive working environment.
- Implement reasonable adjustments: The duty arises when an employer knows (or could reasonably be expected to know) that an employee has a disability. Adjustments can include (but are not limited to) changing an employee’s role/responsibilities, reviewing working relationships and communication styles, and/or changing an employee’s physical working environment (including allowing them to work from home). What is considered “reasonable” depends on each situation. Employers should consult directly with the employee about their needs as tailored approaches are often the most effective.
- Address disciplinary and performance issues sensitively: Disciplinary or performance issues that have arisen because of mental health should be handled with care. A rash decision to discipline or dismiss, without considering underlying causes or adjustments, may be discriminatory. Employers should investigate the situation thoroughly and sensitively, obtain medical input, consult the employee, explore adjustments, and keep detailed records of all actions, decisions, and communications.
- Promote mental well-being: Mental health is not always visible, and stigma may prevent employees from speaking up. Employers could offer well-being initiatives, access to counselling and support services, clear signposting to resources (such as Mind or NHS mental health services) and regular check-ins.
Guidance for employees
- Consider whether your mental health condition is a disability: To benefit from the Act’s protection, your condition does not need to be formally diagnosed, but you must show a mental impairment that has a substantial adverse (more than minor or trivial) and long-term (at least 12 months) effect. Tribunals will consider the practical impact of your symptoms on daily activities.
- Know your rights: If you have a mental health condition that meets the legal definition of a disability, you are protected from discrimination throughout your employment. You also have the right to request reasonable adjustments to help you perform your role.
- Consider disclosure: You are under no obligation to tell your employer about your mental health condition, but if/when you do, your employer should support you, including making reasonable adjustments.
- Addressing discrimination: If you experience discrimination, try to resolve issues informally by speaking with your manager or HR. If this is not possible, raise a formal grievance in line with your employer’s grievance procedure. If necessary, you can bring a claim in the Employment Tribunal (usually within three months less one day from the last act of discrimination). Ensure you keep careful records of all incidents, responses, and communications.
- Seek support: Seek support from your union and/or mental health charities such as Mind and Rethink Mental Illness. Early legal advice can also be invaluable.
Conclusion
In today’s working environment, understanding and addressing mental health in the context of discrimination is not just a legal obligation, it is a fundamental part of building an inclusive and resilient workplace. Employers who proactively support mental well-being and comply with their Equality Act 2010 duties can reduce legal risk whilst promoting loyalty, engagement, and performance. Employees, meanwhile, should be aware of their rights, seek support and raise concerns where needed.
If you are an employer unsure about your obligations or an employee facing difficulties at work, please do not hesitate to contact Robyn at robyn.barron@arch.law.
Useful Information:
- More about Robyn
*Mental health drives surge in workplace discrimination cases
