For individuals who work in high-pressure environments, the reality is that mental health can often still be seen as a taboo subject. We know and recognise that there has been some significant progress, but despite this, the importance of mental wellbeing continues to be overlooked. There is still a hesitation to speak up if you are experiencing mental health issues and need support in the workplace.
At Nationwide Employment Lawyers, we have extensive experience in discrimination and harassment cases, and we regularly advise professionals who have experienced these after they have disclosed a mental health condition. We see individuals facing career delays after revealing a diagnosis of anxiety, depression, PTSD or mental fatigue and burnout, and their professional life is impacted for years to come. In this post, we have explored the impact of mental health on career progression in more detail.
A Culture of Silence
The reality for many people who work in the city is that they are still hesitant and afraid to be honest about their mental health. There is a perception that acknowledging and speaking up about a mental health issue means that someone is weak, unreliable, or unstable. In highly professional industries that have a variety of roles, including traders, banking staff and analysts, resilience, precision and drive are considered critical, so even temporary struggles with mental health can often lead to an individual being misunderstood or even penalised.
These consequences can be subtle or overt and include being excluded from important meetings, refused or not put forward for career development opportunities, ignored in the workplace or simply treated differently. In more serious cases, individuals have been forced to leave and managed out of their roles, experienced negative career repercussions or faced disciplinary action based on assumptions about their capabilities.
How the Law Protects Employees
The Equality Act 2010 (EqA) is a piece of legislation that protects employees, and mental health conditions can be classed as disabilities if they have a substantial, long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Employees are therefore protected from discrimination and are entitled to reasonable adjustments. These adjustments could include flexible working arrangements or a reduced number of hours worked.
Unfortunately, these legal protections can be overlooked or resisted. Some organisations see the reasonable adjustments as a detriment to productivity levels and performance, whilst others may not have the internal understanding of mental wellbeing and therefore try to avoid it.
The Impact of Speaking Up About Mental Health
At Nationwide Employment Lawyers, we have worked with professionals in senior roles who have experienced significant discrimination after disclosing their mental health condition. Instead of being supported, they are met with suspicion and discrimination.
This can include:
- Being removed from key meetings
- Facing unjustified performance reviews
- Limiting career development opportunities
- Experiencing exclusion
- Being pressured to take sick leave
Different Types of Discrimination in the Workplace
Mental health discrimination is rarely loud and obvious. It is often difficult to prove and can be called ‘passive discrimination’. As mentioned, it may take the form of delayed or stalled career progression, reputational damage, or bias.
As a result, individuals can start to ask themselves: ‘Maybe I am imagining it?’ and ‘I do not want to be seen as difficult.’. But your instincts and gut feelings matter, and your experience is valid. When an individual discloses a mental health issue and it is met with unexplained changes to their role or they receive unfair treatment, it is time to seek expert advice.
What To Do if You Experience Unfair Treatment
If you are facing unfair treatment after disclosing a mental health condition, it is important to act. This includes:
- Document everything – dates, conversations, witnesses and changes to your role or responsibilities.
- Understand your rights – you may be legally protected under the Equality Act 2010.
- Request reasonable adjustments – this is your legal right if you meet the definition of disability.
- Seek specialist legal advice – a knowledgeable employment law firm can help you assess the situation and respond effectively.
How Employment Law Specialists Can Help
At Nationwide Employment Lawyers, we are specialists in employment law and discrimination claims, and we have experience in supporting professionals. We offer:
- Discreet and strategic legal advice
- Support with raising formal grievances
- Preparation for Employment Tribunal claims if needed
- Reputation and confidentiality management
- Advice on negotiating settlements or exit packages
We know and understand that your career, reputation and wellbeing all matter, and that is why we approach every case with clarity, compassion and commitment. We are dedicated to ensuring we secure the best possible outcome for you.
Challenging and Changing a Broken Culture
Mental health should not impact your career progression. Significant change in the corporate world will only come when individuals are supported in speaking up, and organisations are held to account when they fail to protect their people.
If you are struggling in silence, you are not alone. Nationwide Employment Lawyers is here to support you. Whether you are facing discrimination, unfair treatment, or bias after disclosing a mental health issue in your workplace, please contact our team today. We offer practical and expert advice that is tailored to your unique situation, and we will always treat your case with the professionalism and confidentiality it deserves.