UK Disability Rights · 2026
Is mental health protected as a disability at work in the UK?
Legal basis
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.6; EHRC Employment Statutory Code (specific mental health guidance); Health & Safety at Work Act 1974 + Management of Health and Safety at Work Regulations 1999 (employer duty for psychological safety); MHFA workplace guidance.
Your rights
Once condition meets EqA disability definition: full protections including reasonable adjustments. Common mental health adjustments: flexible hours, remote working during difficult periods, frequent short breaks, workload review, written instructions, regular 1:1 check-ins, EAP access, paid time off for therapy. Mental health 'flare-ups' fall under s.15 (discrimination arising from disability) — employer cannot dismiss/discipline for absences arising from the condition without objective justification.
Employer obligations
Same EqA duties as for any disability. Plus general employer duty of care under Health & Safety at Work Act — to manage psychological safety risks, conduct stress risk assessments, address workplace bullying/excessive workload. From October 2024, employers also have positive duty to prevent sexual harassment (often a mental health risk factor). EAP provision is increasingly standard but not legally required.
Practical actions
1) Evaluate whether your condition meets EqA s.6 (substantial + long-term + day-to-day activity impact). 2) Speak to your GP/specialist for medical evidence. 3) Disclose to HR or Occupational Health (consider strategy — see disclosure guide). 4) Request specific adjustments aligned with your condition: depression often benefits from structured workload, anxiety from advance notice of meetings, PTSD from triggers awareness. 5) Document interactions; keep symptom diary. 6) Use EAP if available. 7) Apply for Access to Work for support worker funding if needed (e.g., mental health support sessions). 8) If discriminated against: grievance citing s.13/s.15/s.20, ACAS, tribunal.
If your employer refuses
Standard EqA enforcement: ACAS conciliation within 3 months of discriminatory act, tribunal claim, uncapped damages including significant injury to feelings (mental health awards often £15,000-£50,000+ for sustained discrimination). Specialist legal advice strongly recommended — mental health discrimination cases have unique evidential angles (medical evidence, fluctuation, comparator difficulty).
Worked example
James has PTSD from military service, with intrusive memories triggered by sudden loud noises. His office moved to an open-plan layout with frequent fire drills (5+ per quarter for ongoing testing). He disclosed PTSD with VA medical evidence. He requested: a quieter workstation (away from main thoroughfare), advance notice of fire drills, the option to work from home during testing periods, and EAP support. Initial refusal cited 'open-plan policy'. He raised s.20 (reasonable adjustments) grievance with comparator evidence (others with non-mental-health conditions had received accommodations). Adjustments granted; £6,000 settlement for distress during the refusal period.
Recruiter pro tip
Mental health conditions often fluctuate, which makes the EqA disability test challenging — but actually favours you legally. Under Schedule 1 of the Equality Act, fluctuating conditions are assessed at their WORST point (not average), and conditions that have lasted 12+ months OR are likely to recur count. Your 'on a good day I'm fine' statement isn't a bar to protection — the test looks at the bad days. Be honest about your worst symptoms when documenting, not just the best face.
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