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Working in a high-pressure role while managing a mental health condition can feel impossible at times. Even when you are doing everything you can to perform at your best, you may feel as though coworkers, managers or employers are judging you and your ability to do your job properly. This is especially true if a mental health condition has become worse over time, caused by rising pressures at work.
Understanding the basics about discrimination in employment law and what protection you have in practice is essential before you decide how to respond or whether to take things further.
What Counts as a Disability in High-Pressure Roles?
Under the Equality Act 2010, disability includes “a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.” The definition is incredibly wide, and can cover many mental health conditions such as depression and anxiety disorders, as well as physical conditions that make demanding roles harder to sustain. Two key points to remember are:
- “Substantial” – This generally means more than minor or trivial impact on things like concentrating, interacting with others, working regular hours or travelling to work.
- “Long-term” – This usually means an effect lasting or expected to last at least 12 months, or likely to recur in future, which can include recurrent episodes of depression or other fluctuating conditions in high-pressure careers.
Types of Disability Discrimination at Work
Disability discrimination at work can arise in several ways, all of which are recognised under employment discrimination law. In high-pressure environments, these forms of discrimination often appear around targets, appraisals, promotion and capability processes.
- Direct discrimination – Treating you less favourably because of your disability, a perceived disability, or your association with a disabled person.
- Indirect discrimination – Applying a practice (for example, unrealistic hours or constant availability) that puts disabled employees at a particular disadvantage.
- Discrimination arising from disability – Treating you unfavourably because of something linked to your condition, such as needing a guide dog or time off for hospital appointments.
- Harassment – Unwanted conduct related to disability or mental health that violates your dignity, or creates a hostile, offensive, intimidating, humiliating or degrading environment.
- Victimisation – Being treated unfavourably because you complained about disability discrimination or supported another person’s complaint.
Mental Health and Disclosure
In many high-pressure roles, employees worry that disclosing mental health problems will impact their reputation or career prospects. The Equality Act 201 does not force you to disclose a condition, but legal protections work differently depending on what your employer knows.
For most disability discrimination claims, and for the duty to make ‘reasonable adjustments’, it is crucial that your employer knows or could be reasonably expected to have known about your condition. If you raise concerns about disability discrimination at work or ask for support, do so in writing where possible, so there is a record of what you told your employer and when.
Reasonable Adjustments in Demanding Jobs
Employers have a legal duty to make reasonable adjustments where disabled workers are at a substantial disadvantage due to working arrangements or workplace policies, when compared to non-disabled workers. This duty applies in high-pressure roles just as much as in any other job, although what is “reasonable” will depend on the role and the organisation’s resources.
Examples of adjustments can include flexible hours, changes to workload, more regular breaks, home working, additional support, or removing particularly stressful duties. If your employer refuses to consider adjustments or insists on “business as usual” despite clear medical evidence, this may amount to disability discrimination at work and could form part of any future discrimination claims to the Employment Tribunal.
Proving Disability Discrimination
Since disability and mental health can be incredibly complex, Employment Tribunals recognise that claimants can struggle to prove different types of discrimination in the workplace. If you can show ‘clear facts’ that point towards discrimination, the burden of proof will shift to your employer to provide a non-discriminatory explanation for the behaviour.
Valuable evidence can include emails, performance reviews, absence notes, occupational health reports, requests for adjustments and how colleagues in similar roles have been treated. If your employer can not show that their treatment had nothing to do with your disability, a tribunal may rule in your favour and award compensation, especially if they also failed to follow relevant Codes of Practice.
Potential Remedies and Compensation
If your disability discrimination claim is successful, a tribunal can award a number of different remedies, and there is no statutory cap on compensation. This is particularly important for those in high-pressure roles whose losses and reputational damage can be significant.
Remedies can include recommendations about workplace practices, declarations of your rights, reinstatement or re-engagement where employment has ended, and compensation for financial loss and injury to feelings. Compensation can cover past and future loss of earnings, lost benefits and career opportunities, and awards for injury to health or feelings, reflecting the seriousness of the discrimination.
Taking Action Against Disability Discrimination
If you feel you are being treated unfairly because of a mental health condition, it is important to act quickly. Time limits for discrimination claims are short, and getting early legal advice can make a real difference to the outcome.
Start by keeping a detailed record of incidents, decisions and comments that concern you, together with relevant documents and correspondence. Consider raising concerns informally or through a written grievance, asking specifically for reasonable adjustments where appropriate, and keeping copies of everything you send and receive.
If the situation does not improve, or if you are facing disciplinary action or under pressure to leave, speak to a disability discrimination lawyer in London as soon as possible to understand your options and protect your professional position.
How Disability Discrimination Lawyers Can Help
Disability discrimination at work can be particularly complicated where mental health and high-pressure roles are involved, and generic HR advice is often not enough. An experienced discrimination lawyer can provide realistic guidance on the strength of your case and the best way forward. They can help you understand whether your condition is considered a ‘disability’ under employment law, and assess the merits and value of potential discrimination claims.
If you are experiencing disability discrimination at work or your mental health is not being taken seriously in a demanding role, getting some expert advice can help you protect both your career and your wellbeing. At Nationwide Employment Lawyers, we have experience in complex discrimination claims, including cases involving mental health.
To discuss your situation in confidence with a specialist disability discrimination lawyer in London, contact our team today to arrange a confidential assessment of your potential claim.
