Mental Health, the law and work

However, many people who have a mental health problem are not protected by the Equality Act because their condition has not been deemed a disability.

These people are often treated differently or worse than others at work because of their illness, yet this is still discrimination and the person may still have a legal right to challenge it.

Furthermore new provisions in the Equality Act have made it illegal for employers to ask health or health-related question before making a conditional offer of employment to a candidate. The aims to prevent employers from making discriminatory decisions based on a person’s current or past mental health.