Just like your physical health, your mental health needs looking after. Work is a stressful place, and this can sometimes impact your mental wellbeing.
Workplaces have a legal right to keep employees safe and well, and this includes your wellbeing. If you feel your rights are being violated, there are steps you can take to seek support. Let’s take a look at your rights regarding your mental health in the workplace.
[Photo by cottonbro studio]
Understanding your right to mental health accommodations
As with physical limitations, people suffering from mental health ailments can ask their employer for reasonable accommodations. There are several different options available to you.
You may feel that you could benefit from flexible hours such as starting early or late and finishing early or late. You may even be able to do compressed hours where you complete your standard contract in fewer days which are longer.
Remote or hybrid work may also be a possibility. Being able to avoid the commute or take some time away from your colleagues may be what you need to manage your condition. Similarly, modified restrictions could be in order. This could be working behind the scenes instead of customer-facing or letting your colleagues deal with phone calls.
Protection against mental health discrimination at work
The Equality Act 2010 is a piece of legislation that allows you to challenge discrimination at work. To have protection under this act, you need to prove that your mental health condition is a disability. You can do this by getting a letter from your GP or another medical professional who has experience with treating you.
Once you have done this, the law states you cannot be discriminated against or treated unfairly due to your mental health condition. You will need to inform your employer to make them aware of the protection. Generally speaking, an employer cannot ask about mental health before they make a job offer, for example, although there are some exceptions.
When to seek legal advice
It is always best to try and resolve issues internally and within your organisation’s dispute procedures. Usually, common ground can be found without too much of an issue.
However, some employers will still refuse to budge, causing conflict. If you feel you have exhausted every avenue and are still being discriminated against, it is time to speak to employment lawyers to understand your options. They may advise going down the tribunal route or possibly arranging formal mediation in an attempt to resolve the issue.
