Mental Ill Health at Work

Mental ill health can have a significant impact on your ability to carry out your job. UK employment law recognises the importance of supporting employees with mental health conditions and provides protections to ensure you are treated fairly and without disadvantage.

This page explains your rights if you experience mental ill health at work, including how it can intersect with disability law, sickness absence, reasonable adjustments and other employment protections.

When Is Mental Ill Health a Disability?

Under the Equality Act 2010, certain mental health conditions may amount to a disability. A disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

If your mental ill health meets this test, you are protected from discrimination and entitled to reasonable adjustments at work.

Examples of conditions that may be disabilities in law include:

  • anxiety disorders
  • depression
  • bipolar disorder
  • post-traumatic stress disorder (PTSD)
  • other clinically recognised conditions with long-term effects

Whether a particular condition qualifies depends on its symptoms, duration and impact on your daily activities.

What Is a Reasonable Adjustment?

If you are disabled because of your mental health, your employer may have a duty to make reasonable adjustments to remove barriers that put you at a disadvantage at work. Reasonable adjustments may include:

  • changes to working hours or shift patterns
  • adjustments to duties or workload
  • phased return to work after long-term absence
  • additional supervision or support mechanisms
  • changes to workspace or reporting arrangements

Reasonable adjustments should be considered on a case-by-case basis and discussed collaboratively with you.

Sickness Absence and Mental Ill Health

Reporting Absence

If you are absent due to mental ill health, you should follow your employer’s sickness absence reporting procedures and keep them informed. Medical evidence, such as a fit note from your GP or other qualified clinician, may be required.

Long-Term or Repeated Absence

Frequent or prolonged absence can create challenges, but it should be managed fairly and with understanding. Your employer should:

  • explore the reasons for absence sensitively
  • obtain appropriate medical or occupational health advice
  • consider reasonable adjustments where necessary
  • not assume capability issues without evidence

Poorly managed absence can lead to unnecessary stress and legal risk for both you and your employer.

Mental Ill Health and Performance Management

Performance issues arising from mental ill health should be approached with care. Employers should not conflate performance concerns with conduct issues when mental health is a factor.

A fair process may include:

  • assessment of whether performance shortfalls are linked to health issues
  • obtaining occupational health advice
  • identifying adjustments that support performance
  • meeting with you to understand the challenges
  • documenting discussions and agreed actions

Only after reasonable adjustments and fair consideration should capability procedures be contemplated.

Protection Against Discrimination

It is unlawful for your employer to treat you less favourably because of your mental health disability or because you requested a reasonable adjustment.

Examples of unlawful treatment include:

  • side-lining or demotion without justification
  • dismissal related to mental ill health without considering adjustments
  • exclusion from opportunities because of stigma
  • failure to provide support that other employees receive

If you believe you have been treated unfairly because of mental ill health, you may have a claim for disability discrimination.

Grievances and Raising Concerns

If you feel your employer has treated you unfairly or failed in their duty to make reasonable adjustments, you should:

  1. Raise the issue formally under the grievance procedure
  2. Describe how your mental health condition affects your work
  3. Set out any adjustments you believe are reasonable
  4. Provide any supporting medical or occupational health evidence

Keeping written records and timelines can help if matters are not resolved internally.

Employment Tribunal Claims

If you cannot resolve your concern internally, you may have grounds to bring a claim to the Employment Tribunal for:

  • disability discrimination
  • failure to make reasonable adjustments
  • unfair dismissal (where applicable)

Before lodging a claim, you must generally notify ACAS Early Conciliation and obtain a certificate. Tribunal claims must also be submitted within the prescribed time limit, usually three months less one day from the relevant act complained of.

How We Can Help

We support employees dealing with mental ill health issues in the workplace by advising on:

  • whether your condition amounts to a disability
  • your entitlement to reasonable adjustments
  • handling sickness absence and performance concerns
  • discrimination claims and tribunal proceedings
  • grievance strategies and preparation

We provide reliable, tailored advice to help you navigate what can be a sensitive and complex area of employment law.

Frequently Asked Questions

Is anxiety or depression a disability at work?

Anxiety, depression and other mental health conditions may be disabilities if they have a substantial, long-term adverse effect on normal day-to-day activities.

What reasonable adjustments can I ask for?

Reasonable adjustments might include changes to duties, working hours, workload, workspace or a phased return after absence.

Can I claim discrimination for mental health at a tribunal?

Yes. If your mental health condition is a disability and you have been treated less favourably, you may have a discrimination claim.