In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law.

Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.

Understanding Discrimination

Discrimination occurs when an individual is treated unfairly or unfavourably due to a protected characteristic. In the context of mental health conditions, employers are legally prohibited from discriminating against employees on the grounds of disability. Discrimination can take various forms, including direct discrimination, indirect discrimination, harassment, and victimisation. UK employment law provides comprehensive protection to employees facing such discrimination, emphasising the need for equal opportunities and fair treatment in the workplace.

Legal Framework

The Equality Act 2010 serves as the cornerstone of UK employment law regarding discrimination. It consolidates and strengthens previous legislation, providing a unified framework for protecting individuals from discrimination in various areas, including employment. Under the Equality Act 2010, mental health conditions can be considered disabilities, entitling affected employees to legal protection against discrimination.

Unlawful discrimination can occur in different ways:

1. Direct Discrimination: This occurs when an employer treats an employee less favourably because of their disability. For example, refusing to promote an employee solely based on their condition.

2. Indirect Discrimination: This form of discrimination arises when an employer implements a policy, rule, or practice that disproportionately affects employees with disabilities. Unless it can be objectively justified, such practices are deemed unlawful.

3. Harassment: Harassment refers to unwanted behaviour that violates an individual's dignity or creates an intimidating, hostile, degrading, or offensive environment. Employers could be held liable for harassment related to disabilities or failure to address any instances promptly.

4. Victimisation: Victimisation occurs when an employee is treated unfavourably because they have made or intend to make a complaint or raise a concern about discrimination based on disability.

Consequences of Discrimination

Employers who engage in discrimination against employees based on disabilities can face severe legal consequences. Employees who believe they have been discriminated against can file claims before an employment tribunal, seeking compensation for financial loss, injury to feelings, and potential reinstatement or compensation for loss of career prospects.

Employment tribunals have the power to make significant awards against employers found guilty of discrimination. Additionally, reputational damage, negative publicity, and the erosion of employee morale can result from publicised cases of discrimination. It is therefore in the best interest of employers to comply with the law and foster an inclusive workplace environment.

Conclusion

UK employment law provides robust protection against discrimination based on disability. Employers should treat employees fairly and equally, ensuring that they are not subjected to direct or indirect discrimination, harassment, or victimisation. Non-compliance with these laws can lead to legal claims, significant financial penalties, and reputational harm. Employers should proactively create a workplace culture that supports and respects employees' mental health, promoting equality and inclusion. By embracing these principles, employers not only meet their legal obligations but also cultivate a productive and harmonious work environment for all employees.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.04.24