Discrimination at work

Explains what laws protect you from discrimination at work, what you can do if you are discriminated against, and where you can get support and advice. Applies to England and Wales.

Your stories

The truth about bullying and mental health

Jenni reflects on her experiences of bullying and the impact it has had on her mental health.

Jenni Richardson
Posted on 11/11/2013

Support from my manager made all the difference

Lorna blogs about how her line manager was able to support her with her mental health at work.

Posted on 15/07/2013

Why management needs mental health training

Krishna blogs about the importance of mental health training for employers.

Posted on 25/07/2013

Telling my employer

Should I tell my employer about my mental health problem?

If you have a mental health problem, you might not want to tell your employer about it because you are worried about confidentiality or how you may be treated. However, if you have a mental health problem that is a disability and you want the protection of the Equality Act, your employer needs to know this.

If you do decide to tell your employer, think about:

  • how and when to do it. It can be helpful to have a note from your doctor to help explain your situation.
  • how much information you want to give. You don’t have to go into personal details, just focus on how your mental health problem impacts on your job.
  • whom to share it with. For example, the human resources department may know your diagnosis, but they don't have to tell your supervisor or colleagues.

For more information about telling your employer about your mental health problem, see also How to be mentally healthy at work.

If your employer has asked you questions in the past about your health or disability and you did not tell them about your mental health problem then, and now you do want to tell them, you should get some specialist legal advice. See Useful contacts for more information.

How do I show my employer that I have a disability?

Sometimes your employer may accept what you say without asking for more information. But, because mental health problems aren’t visible, it may be hard to explain your situation to your employer.

It is helpful to have a note from your doctor or another professional to explain:

  • what mental health problems you have
  • how they may affect you
  • what adjustments might help you to manage your work

You could also show your employer our information on different types of mental health problems.

What is the occupational health service ?

Your employer can refer you to occupational health if you have a mental health problem that is affecting your work or causing you to take time off sick, particularly if this is more than 2 or 3 weeks at once. Occupational health referrals will help your employer understand what adjustments need to be made to support you at work.

Occupational health services may also make an assessment of your ability to do your job. If you disagree with this it is important to get specialist legal advice. See Useful contacts for more information.

What kinds of adjustments can I ask my employer to make?

To get any adjustments you have to tell your employer about your mental health and how it impacts on your job.

Examples of adjustments you could ask for include:

  • changes to your working area
  • changes to your working hours
  • spending time working from home
  • being allowed to take time off work for treatment, assessment or rehabilitation
  • temporarily re-allocating tasks you find stressful and difficult
  • getting some mentoring

The adjustments have to be reasonable, and you have to show that you are experiencing substantial disadvantages because of your disability.

Whether a change is reasonable or not depends on the circumstances of each case, but may include:

  • if the change deals with the disadvantage
  • how practicable it is to make the change
  • your employer’s size and financial and other resources
  • what financial or other assistance may be available to make the change

It can be useful to discuss with your GP or another health or social care professional who knows about your mental health problem what changes to your workplace could help you at work. You should also get a letter to back up any request you want to make.

Employers can sometimes get financial help with making reasonable adjustments including cost of transport from the government’s Access to Work service: find out more on the gov.uk website. This also offers a workplace mental health support service for employees and prospective employees with mental health problems: find out more on Remploy's website.

Examples of reasonable adjustments

Jorge has generalised anxiety disorder. He told his employer about this, and together they came up with a plan to help him with his work. This plan includes:

  • letting him work from home when he is feeling anxious
  • giving him a flexible approach to start and finish times
  • giving him a work mentor who he can get support from during stressful periods at work
  • allowing slightly longer periods of absence before taking action under the sickness policy than would apply to other employees

Letter asking your employer to make changes at work

If you want your employer to make changes at your work, you may want to write a letter setting this out.

Draft letter asking your employer for changes

Here is a draft letter (Word or PDF) which you can use as a starter.

To help you draft your letter, you may want to get some:

  • informal help or support from a friend, family member or advocate, or
  • legal advice from a specialist legal adviser or solicitor

 


This information was published in September 2016. We will revise it in 2018.


Mental Health A-Z

Information and advice on a huge range of mental health topics

> Read our A-Z

Training

Helping you to better understand and support people with mental health problems

> Find out more

Special offers

Check out our promotional offers on print and digital booklets, for a limited time only

> Visit our shop today