Mental Health Discrimination

Discrimination, whether in social settings, law or the workplace is morally and usually, legally unacceptable. Mental health discrimination refers to the mistreatment of those who have a mental illness or mental health disorder and can include unfair treatment in work as well as unreasonable behaviour in public places.

If you have been treated worse than somebody else in the same position because of your mental health problem, or if you have suffered from harassment or bullying because of your condition, you will be considered as a victim of discrimination. If this is the case, you may be entitled to bring a legal case against those responsible for your suffering.

Legislation Relating to Mental Health Discrimination

The prime piece of legislation that relates to mental health discrimination is The Mental Health (Discrimination) Act 2013, which came into force in April 2013. The Act sets out the type of behaviour and actions that are unlawful in the treatment of those with mental health conditions within the workplace, education and public fields. Some forms of mental health illnesses may not be readily acknowledged as debilitating, and as such, the act serves to recognise the impact that all degrees of mental health issues can have on the day to day life of the individual.

The Equality Act 2010 allows a person who has suffered from mental health discrimination to challenge their treatment in a legal setting. This act offers protection to victims of discrimination and provides guidance and support to those who have been treated unfairly because of their mental health illness. This means that in some instances, victims of mental health discrimination may be able to make a claim for compensation against those responsible through an employment tribunal. If you are discriminated against by your employer or in the workplace, you will be entitled to make those responsible accountable for their behaviour through the legislation in the Equality Act 2010.

Authoritative Support

The Public Sector Equality Duty dictates that all public authorities are responsible for eliminating discrimination of those with a mental health illness. This means that authorities such as the police, NHS and government bodies have a duty to ensure that those with a recognised ‘protected characteristic', such as a mental health problem, are given equal opportunities as everybody else.

Authorities are therefore required to support those with a mental health illness in accessing and achieving the same things as those without a condition. This extends to the requirement to encourage employees who have a mental health problem to engage in social activities and public life.