Mental Health Law
Unit 3
Activity 1:
Questions to consider
• Is mental illness a disability under the Equality Act 2010?
- EA s6(1): A person is disabled if; (a) P has a physical or mental impairment, and, (b) the
impairment has a substantial and long-term effect on P’s ability to carry out normal day-
to-day activities.
- Yes it can be
- You’re disabled under the Equality Act 2010 if you have a physical or mental
impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability
to do normal daily activities (s 6(1))
- Substantial: more than minor or trivial (from guidance to the Act)
- Long-term: 12 months or more (from guidance to the Act)
- Impairment: Should be given its ordinary meaning (from guidance to the Act)
• Should it be?
- It creates ambiguity in the second part, particularly for disabilities that do not have a
consistent and measurable effect on a person’s abilities, such as personality disorders
and schizoaffective conditions.
- Mental illness has a fluctuating nature, for example one with a personality disorder
might not feel great one day but they could be completely fine the next day.
Why do we have this Act?
- To prevent unfairness or disadvantage
- Protect certain people from being discriminated against
• What is meant by the term ‘reasonable adjustments’ discussed at s.20 of the Equality
Act?
- Reasonable adjustments are measures that an employer should put in place for
those with a mental impairment, so as to allow that person to carry out their job
without disadvantage – the relevant provisions are below
- s.20 (3) The first requirement is a requirement, where a provision, criterion or
practice of A’s [the employer’s] puts a disabled person at a substantial
disadvantage in relation to a relevant matter in comparison with persons who are
not disabled, to take such steps as it is reasonable to have to take to avoid the
disadvantage.
- s.20 (5) The third requirement is a requirement, where a disabled person would,
but for the provision of an auxiliary aid, be put at a substantial disadvantage in
relation to a relevant matter in comparison with persons who are not disabled, to
take such steps as it is reasonable to have to take to provide the auxiliary aid.
, - Example of reasonable adjustments at work: allowing flexible hours, allowing
time off for depression, less workload, less stress, talking therapy with a
professional, choice to work from home.
• What might be some of the reasons why an employee might not want to disclose
mental illness at work, or during the recruitment process?
- For fear of a paternalistic position of an employer not feeling a person is suitable for a
specific role based on their disability
- Stigma? Do you think this exists?
- Fear of being turned down for work (J v DLA Piper UK LLP [2010] I.C.R. 1052)
- Fear of discrimination? (See Time to Change online article)
- Fear of being treated differently/not accepted?
- Potentially denial/not accepting that they have a mental illness so not wanting to share
with others
- Being labeled as weak
• What might be some of the difficulties faced by employers in making reasonable
adjustments for those with mental illness?
- Fear of employment tribunal cases against them
- (See Department of Health Advice for employers)
- Costs and fears re productivity from the employee?
- Lack of capacity within team to make provisions.
- Fear of reaction from other employees perceiving the employee to be given
preferential treatment.
- Duty to make reasonable adjustments are legal requirement under the Act and
might include, eg: change to working hours or patterns, change of physical
environment (e.g. quiet space), support with workload, mentoring, etc
Scenario – 5 mins or so to discuss
Jenny is a new employee and has just disclosed to her employer that she suffers from
anxiety. She works in a noisy, open plan office.
Q: Might Jenny’s anxiety be considered a disability under the Equality Act?
- s6(1) (a) and (b) - need to check how long she has suffered
- Jenny's anxiety may be a short-term issue resulting from a bereavement [for example]
which then it's unlikely to be a disability.
Q: Does her employer have to do anything at all in the way of providing reasonable
adjustments?
- If s6(1) (a) and (b) are satisfied, then the employer has to consider reasonable
adjustments
- The employer has his statutory duty to provide reasonable adjustments (not
everything, just reasonable adjustments) if S6(1) a and b are satisfied.
Unit 3
Activity 1:
Questions to consider
• Is mental illness a disability under the Equality Act 2010?
- EA s6(1): A person is disabled if; (a) P has a physical or mental impairment, and, (b) the
impairment has a substantial and long-term effect on P’s ability to carry out normal day-
to-day activities.
- Yes it can be
- You’re disabled under the Equality Act 2010 if you have a physical or mental
impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability
to do normal daily activities (s 6(1))
- Substantial: more than minor or trivial (from guidance to the Act)
- Long-term: 12 months or more (from guidance to the Act)
- Impairment: Should be given its ordinary meaning (from guidance to the Act)
• Should it be?
- It creates ambiguity in the second part, particularly for disabilities that do not have a
consistent and measurable effect on a person’s abilities, such as personality disorders
and schizoaffective conditions.
- Mental illness has a fluctuating nature, for example one with a personality disorder
might not feel great one day but they could be completely fine the next day.
Why do we have this Act?
- To prevent unfairness or disadvantage
- Protect certain people from being discriminated against
• What is meant by the term ‘reasonable adjustments’ discussed at s.20 of the Equality
Act?
- Reasonable adjustments are measures that an employer should put in place for
those with a mental impairment, so as to allow that person to carry out their job
without disadvantage – the relevant provisions are below
- s.20 (3) The first requirement is a requirement, where a provision, criterion or
practice of A’s [the employer’s] puts a disabled person at a substantial
disadvantage in relation to a relevant matter in comparison with persons who are
not disabled, to take such steps as it is reasonable to have to take to avoid the
disadvantage.
- s.20 (5) The third requirement is a requirement, where a disabled person would,
but for the provision of an auxiliary aid, be put at a substantial disadvantage in
relation to a relevant matter in comparison with persons who are not disabled, to
take such steps as it is reasonable to have to take to provide the auxiliary aid.
, - Example of reasonable adjustments at work: allowing flexible hours, allowing
time off for depression, less workload, less stress, talking therapy with a
professional, choice to work from home.
• What might be some of the reasons why an employee might not want to disclose
mental illness at work, or during the recruitment process?
- For fear of a paternalistic position of an employer not feeling a person is suitable for a
specific role based on their disability
- Stigma? Do you think this exists?
- Fear of being turned down for work (J v DLA Piper UK LLP [2010] I.C.R. 1052)
- Fear of discrimination? (See Time to Change online article)
- Fear of being treated differently/not accepted?
- Potentially denial/not accepting that they have a mental illness so not wanting to share
with others
- Being labeled as weak
• What might be some of the difficulties faced by employers in making reasonable
adjustments for those with mental illness?
- Fear of employment tribunal cases against them
- (See Department of Health Advice for employers)
- Costs and fears re productivity from the employee?
- Lack of capacity within team to make provisions.
- Fear of reaction from other employees perceiving the employee to be given
preferential treatment.
- Duty to make reasonable adjustments are legal requirement under the Act and
might include, eg: change to working hours or patterns, change of physical
environment (e.g. quiet space), support with workload, mentoring, etc
Scenario – 5 mins or so to discuss
Jenny is a new employee and has just disclosed to her employer that she suffers from
anxiety. She works in a noisy, open plan office.
Q: Might Jenny’s anxiety be considered a disability under the Equality Act?
- s6(1) (a) and (b) - need to check how long she has suffered
- Jenny's anxiety may be a short-term issue resulting from a bereavement [for example]
which then it's unlikely to be a disability.
Q: Does her employer have to do anything at all in the way of providing reasonable
adjustments?
- If s6(1) (a) and (b) are satisfied, then the employer has to consider reasonable
adjustments
- The employer has his statutory duty to provide reasonable adjustments (not
everything, just reasonable adjustments) if S6(1) a and b are satisfied.
