Mental health

Mental health is the mental and emotional state in which we feel able to cope with the normal stresses of everyday life. Mental ill-health can range from feeling 'a bit down' to severe mental illnesses such as schizophrenia or bipolar disorder as well as including more common disorders such as stress, anxiety and depression. Types of mental health problems - Mind

Under the Equality Act 2010, a person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. In order to be 'long-term', the adverse effect must have lasted (or be expected to last) for more than 12 months. A serious mental health issue will often constitute a disability, whether it is a long-standing problem or something that has been diagnosed recently. Some forms of mental illness, such as bipolar disorder, dementia, schizophrenia, depression obsessive-compulsive disorder and, are likely to be classed as a disability. Stress is now one of the most common reasons for absence from work, accounting for around half of all sickness absences, but it may or may not be a disability, depending on the circumstances.

An employee's manager is too often unwilling to intrude into the employee's personal life but it is important to take action, particularly if there are concerns about the safety of the employee, their colleagues, or the public. Employers and managers can help by establishing a culture of openness and taking steps to promote mental wellbeing at work. All employers have a legal duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. An employer should be carrying out risk assessments and managing activities to reduce the incidence of hazards.

Under the Equality Act 2010, employers must not treat a disabled person less favourably for a reason relating to their disability, without a justifiable reason. This means that an employer must not:

• Refuse to employ someone because of a disability
• Subject them to a detriment such as paying them less, offering them fewer hours of work
• Refusing to send them on a training course or failing to promote them
• Dismiss them without having a good reason and following the correct procedure
• Allow a disabled employee to be bullied or harassed

Employers are also under a duty to make reasonable adjustments to support disabled employees at work. In the case of those with a mental illness, this could mean being more flexible around start times, reducing workload, moving the employee's workstation to somewhere quieter, allowing a phased return to work from sickness absence, transferring the employee to other duties or decreasing working hours. Reasonable adjustments should be discussed and agreed with the individual and employers should avoid making assumptions about the employee's illness or stereotyping the employee.