{"id":9053,"date":"2022-08-16T15:29:22","date_gmt":"2022-08-16T14:29:22","guid":{"rendered":"https:\/\/www.highspeedtraining.co.uk\/hub\/?p=9053"},"modified":"2025-03-13T16:33:40","modified_gmt":"2025-03-13T16:33:40","slug":"mental-health-discrimination-at-work","status":"publish","type":"post","link":"https:\/\/www.highspeedtraining.co.uk\/hub\/mental-health-discrimination-at-work\/","title":{"rendered":"What To Do If You Suspect Mental Health Discrimination at Work"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Although amazing progress has been made in recognising mental health issues as medical conditions, there is still a lot more that needs to be done. <\/span><span style=\"font-weight: 400;\">Mental health discrimination is not yet a thing of the past and too many people continue to encounter unfair treatment because of it.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In the workplace, people can be directly or indirectly discriminated against due to their mental health. This can include unfavourable treatment and exclusion from opportunities. In this article we will help you to understand what mental health discrimination is and what to do if you suspect it in your workplace, as well as outlining your rights. <\/span><\/p>\n<hr \/>\n<h2>What is Mental Health Discrimination?<\/h2>\n<p><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/types-of-mental-health\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Mental health<\/span><\/a><span style=\"font-weight: 400;\"> refers to our state of wellbeing and is different for everyone. It can fluctuate over time and includes lots of different types, such as anxiety, depression and eating disorders.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In some circumstances people are treated less favourably than others, or put at a disadvantage, because they have a mental health condition. This is called mental health discrimination.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Equality Act 2010 is in place to prevent discrimination, including mental health discrimination, and to remove the barriers that prevent equal access to work and opportunities. The Act has nine protected characteristics that cannot be discriminated against, including age, disability and gender. Under the Act, Mental health is classed as a disability and therefore is a protected characteristic.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Discrimination against someone because of their mental illness is breaking the law. In the workplace, employers are required to make reasonable adjustments to accommodate the needs of any disabilities. This can include making changes to policies, working practices, physical layouts, or providing extra equipment or support. If you have a mental illness, you have the right to ask for changes in your workplace to meet your needs.\u00a0<\/span><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-63278 size-full\" src=\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2016\/10\/AdobeStock_206784692.jpg\" alt=\"\" width=\"685\" height=\"295\" \/><\/p>\n<p><span style=\"font-weight: 400;\">Some reasonable workplace adjustments for mental health issues include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Taking a flexible approach to working hours or using flexitime (<\/span><span style=\"font-weight: 400;\">a system of working a set number of hours with the starting and finishing times chosen within agreed limits by the employee).\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Gradual return to work periods for those who have been off due to sickness.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Providing the option of working from home.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Offering part-time positions and job shares where practical.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Allowing someone time off to attend appointments and letting them make up the time at another point.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Allowing someone with anxiety to have their own desk in the office instead of hot-desking.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Providing increased supervision or support.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Offering training opportunities, recreation and refreshment facilities.<\/span><\/li>\n<\/ul>\n<hr \/>\n<h2>Examples of Mental Health Discrimination at Work<\/h2>\n<p><span style=\"font-weight: 400;\">There are a few different types of discrimination, including:<\/span><\/p>\n<p><b>Direct discrimination<\/b><span style=\"font-weight: 400;\">\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This is prejudicial treatment because of a protected characteristic, for instance; being denied an opportunity because of your mental health. In some circumstances, failure to make reasonable adjustments can also be a form discrimination.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For example, Serena has anxiety and asks her employer if she can apply for a new post within the company doing work she feels she is more able to do. Her employer says she isn\u2019t suitable for the role due to her mental health.\u00a0<\/span><\/p>\n<p><b>Indirect discrimination<\/b><\/p>\n<p><span style=\"font-weight: 400;\">This happens when rules that apply to everyone inadvertently disadvantage you; in other words, they put you at a disadvantage because of your mental health. However, with this type of discrimination if some rules and arrangements are \u201cjustifiable\u201d, they could be judged as lawful.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For example, Mohammed&#8217;s employer decides that all staff must start a new shift pattern, which involves working late in the evening. No staff can opt out. But Mohammed takes medication for schizophrenia which makes him feel very sleepy in the evenings, so he isn&#8217;t able to work late shifts.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This is likely to be indirect discrimination as it puts Mohammed at a disadvantage. But it will not be discrimination if his employer is able to justify the arrangement by showing that it is for a good reason, appropriate and necessary.<\/span><\/p>\n<p><b>Harassment<\/b><\/p>\n<p><span style=\"font-weight: 400;\">This is when someone is persecuted because of a protected characteristic. Harassment is defined as conduct that violates dignity or produces an unpleasant environment. For example, when an employer knowingly makes offensive comments about mental health within your earshot.<\/span><\/p>\n<div id=\"attachment_63280\" style=\"width: 695px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-63280\" class=\"wp-image-63280 size-full\" src=\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2016\/10\/AdobeStock_305813154.jpg\" alt=\"\" width=\"685\" height=\"295\" \/><p id=\"caption-attachment-63280\" class=\"wp-caption-text\">\u00a0<\/p><\/div>\n<p><span style=\"font-weight: 400;\">For example, Stanley has an eating disorder. Stanley&#8217;s manager knows he has an eating disorder and she makes offensive remarks in the office about how people with anorexia should just eat more food. She then jokes about wishing she was anorexic like Stanley so she could lose weight. This is harassment.\u00a0<\/span><\/p>\n<p><b>Victimisation<\/b><\/p>\n<p><span style=\"font-weight: 400;\">This is the mistreatment of a person as a result of them making a complaint about discrimination or harassment.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For example, Jibin&#8217;s colleague has bipolar disorder. Jibin supports her colleague to complain to their employer about disability discrimination. After this, Jibin&#8217;s manager refuses her promotion on the basis that her loyalty to the company is in question.\u00a0<\/span><\/p>\n<p><b>Discrimination by association<\/b><span style=\"font-weight: 400;\">\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Workplace discrimination against someone because of their relationship with a protected individual is known as \u2018discrimination by association\u2019.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In the \u2018Coleman v Attridge Law\u2019 case in 2008, a mother successfully claimed suit for associated discrimination. She had a disabled child and required flexible working hours. However, she was unlawfully dismissed and refused the same flexible hours as parents whose children were not disabled. This was discrimination by association in the workplace.<\/span><\/p>\n<div class=\"tip__box\">\n<div class=\"tip__title__container\">\n<div class=\"tip__title__text\">\n<div class=\"tip__title__icon\"><img decoding=\"async\" src=\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2019\/11\/expert-tip-icon.png\" alt=\"expert icon\" \/><\/div>\n<h3>Need a Training Course?<\/h3>\n<\/div>\n<\/div>\n<p><span style=\"font-weight: 400;\">Our range of Mental Health Courses have been developed by our team of experts to help you learn more about your own mental health, as well as teaching you the skills needed to support others. Our courses include <\/span><a href=\"https:\/\/www.highspeedtraining.co.uk\/courses\/mental-health\/mental-health-awareness-training-course\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Mental Health Awareness<\/span><\/a><span style=\"font-weight: 400;\">, <\/span><a href=\"https:\/\/www.highspeedtraining.co.uk\/courses\/business-essentials\/stress-awareness-in-the-workplace-course\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Stress Awareness in the Workplace<\/span><\/a><span style=\"font-weight: 400;\"> and <\/span><a href=\"https:\/\/www.highspeedtraining.co.uk\/courses\/mental-health\/child-mental-health-training\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Child Mental Health Training<\/span><\/a><span style=\"font-weight: 400;\">.\u00a0<\/span><\/p>\n<\/div>\n<hr \/>\n<h2>How To Challenge Discrimination in the Workplace<\/h2>\n<p><span style=\"font-weight: 400;\">There are certain things you can do to challenge mental health discrimination in the workplace. You can raise a complaint informally, or lodge a formal complaint by following your workplace procedure. You can try both of these options to get your employer to put things right. However, if you decide to take action against discrimination, you\u2019ll need to make your claim within three months.\u00a0<\/span><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-9139 aligncenter\" src=\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2016\/09\/being-prepared-and-confident-in-a-meeting.jpg\" alt=\"Being prepared and confident for a meeting\" width=\"685\" height=\"295\" \/><\/p>\n<h4>Raising Your Concerns Informally<\/h4>\n<p><span style=\"font-weight: 400;\">Broadly speaking, when you are making a claim, your first port of call is to raise your concerns informally with those who are discriminating against you. If that\u2019s not possible or you\u2019re not comfortable doing this, you should speak to your HR department.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">When raising your concerns with the person or people discriminating against you, make sure you state clear objective facts as much as you can and avoid criticising them. Criticism tends to put people on the defensive, making them less likely to listen to your concerns, and more likely to be thinking through their defence or denying what you say.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Ensure you let the person you are talking to knows that you are taking the matter seriously and documenting the issues as they arise. This will mean that HR, your colleague, or your boss takes the matter seriously too.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If informal measures don\u2019t work, you should begin a formal route of complaint. If formal measures do not resolve the issue, you are well within your rights to take the issue to an employment tribunal. But a tribunal should always be the last resort.<\/span><\/p>\n<h4>Making a Formal Complaint<\/h4>\n<p><span style=\"font-weight: 400;\">If an informal conversation doesn\u2019t provide a resolution, you can lodge a formal complaint by following your company\u2019s grievance procedures, which may involve a mediation process. You should have access to your company handbook, which should tell you all you need to know about your company\u2019s grievance procedure.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">When you lodge a complaint, you should write to your employer setting out the details of your grievance and you should ask to schedule a formal meeting to discuss the issue.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You have the right to be accompanied when you lodge a formal grievance, this could be by a co-worker or trade union representative. Depending on your company\u2019s grievance procedure, you may also have the right to be accompanied by a family member or a worker from the Citizens Advice Bureau.<\/span><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-63279 size-full aligncenter\" src=\"https:\/\/www.highspeedtraining.co.uk\/hub\/wp-content\/uploads\/2016\/10\/AdobeStock_322413228.jpg\" alt=\"\" width=\"685\" height=\"295\" \/><\/p>\n<p><a href=\"https:\/\/www.citizensadvice.org.uk\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Citizens Advice<\/span><\/a><span style=\"font-weight: 400;\"> is a good organisation to go to for impartial advice, and it is a good idea to keep a written record of everything discussed. If you have a trade union representative, you should talk to them about moving forward and making a formal complaint. You may also be able to report your employer to the <\/span><a href=\"http:\/\/www.equalityhumanrights.com\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Equality and Human Rights Commission<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Before you raise your concerns, gather the facts. You need to show that you have been subject to one or more types of discrimination. It\u2019s a good idea to note down some examples and review any policies that your workplace has on discrimination.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You should also get a note from your GP and have a think about the outcome you want: an end to the discrimination, an apology, compensation, or a change to workplace policy? You\u2019ll also need to show that those without a mental health issue, have not been subjected to the same treatment.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Be as detailed as possible: it will strengthen your case if you can provide witnesses and give exact dates, times, and circumstances. Retain physical evidence, such as emails or memos and try keeping a diary to record incidents as soon as possible after they happen. This will help you to raise all the incidents that have happened, and if it comes to a tribunal, it will help your lawyer.<\/span><\/p>\n<hr \/>\n<p><i><span style=\"font-weight: 400;\">Mental health discrimination is unacceptable\u00a0and happens all too frequently in the workplace. This includes unfavourable treatment and exclusion from opportunities due to a mental health issue. If you witness or experience mental health discrimination in the workplace, you have a right to raise your concerns and challenge your employer so they can make things right.\u00a0<\/span><\/i><\/p>\n<hr \/>\n<h3>Further Resources:<\/h3>\n<ul>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/how-to-talk-about-mental-health\/\" target=\"_blank\" rel=\"noopener noreferrer\">How to Talk About Mental Health<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/mental-health-workplace\/\" target=\"_blank\" rel=\"noopener noreferrer\">How to Promote Positive Mental Health in the Workplace<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/how-to-deal-with-anxiety-at-work\/\">How to Deal with Anxiety at Work<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/am-i-being-bullied-at-work\/\">Am I Being Bullied at Work? 12 Signs of Bullying in the Workplace<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/bullying-and-harassment-quiz\/\">Workplace Bullying and Harassment Quiz<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/workplace-wellbeing-quiz\/\">Workplace Health &amp; Wellbeing Quiz<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/hub\/workplace-intersectionality\/\">Why Your Business Needs an Intersectional Approach to Discrimination<\/a><\/li>\n<li><a href=\"https:\/\/www.highspeedtraining.co.uk\/courses\/mental-health\/mental-health-awareness-training-course\/\" target=\"_blank\" rel=\"noopener noreferrer\">Mental Health Awareness Course<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>People can be directly or indirectly discriminated against due to their mental health. Find out what to do if you suspect mental health discrimination at work here.<\/p>\n","protected":false},"author":51,"featured_media":63285,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[69,73],"class_list":["post-9053","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","tag-human-resources","tag-mental-health"],"acf":{"schema_disabled":false,"schema_properties_FAQPage_question_answer":null,"schema_properties_HowTo_howto_tools":null,"schema_properties_HowTo_howto_supplies":null,"schema_properties_HowTo_howto_steps":null,"schema_properties_WebPage_cssSelector":null,"schema_sameAs_repeater":null,"schema_custom_json_repeater":null,"schema_custom_json_override":false},"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v19.5 (Yoast SEO v19.12) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Mental Health Discrimination at Work | Examples &amp; Your Rights<\/title>\n<meta name=\"description\" content=\"People can be directly or indirectly discriminated against due to their mental health. 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Nell has an undergraduate degree in Psychology and Counselling and previously worked as a mental health support worker. 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