Mental Health Discrimination at Work

The most common forms of mental ill health are anxiety, depression, phobic anxiety disorders and obsessive compulsive disorders.  Mental health can be very debilitating and cause significant difficulties. 

Understanding the signs of mental health are very important as left untreated they can lead to associated conditions and problems in your ability to perform. 

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Mental Health and Employment

If you suffer from a mental health condition, your employer must firstly understand what the problem is and what they should do to help you manage it. They could involve an occupational health provider or Access to Work via Jobcentre Plus. This may result in them making changes to your working environment or making reasonable adjustments to help you cope better with your workload after consulting with you.

Changes they could make might include:

• Ensuring your workload matches your abilities and experience, and involving you in planning your workload  
• Agreeing reasonable deadlines with you for work completion
• Reducing any repetitive duties within your workload
• Providing a suitable working environment that considers noise, lighting, and equipment
• Ensuring roles are clearly defined
• Providing impartial and supportive supervision structures and policies 

Making a claim

If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required, your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.

There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim with ACAS within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.

If you have been unfairly treated at work because you suffer with mental health, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.

About Lawson-West Solicitors

Our team of Employment solicitors consists of dedicated specialists and lawyers who deal exclusively with employment law. The team have over 60 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.

You can be assured Lawson West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.

Lawson West’s expert employment solicitors and lawyers have significant experience of representing clients with mental health conditions.

In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

Ashley Hunt
Ashley Hunt, Director Employment, Lawson-West Solicitors

With offices in Leicester and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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Mental Health