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Legally depressed: discrimination at work

Legally, any bout of depression lasting longer than or expected to last a 12 month period is considered a disability. This means that your mental health must be treated as a disability by your employer, and major depression is reportedly the second leading cause of disability worldwide: so it’s important to know your rights in the workplace.

The stigma around depression means that being open about your mental health can lead to discrimination, victimization or harassment - be it directly or indirectly.

The Equality Act introduced a law in 2010 stopping employers from discriminating against employees because of their disabilities, including those suffering from depression. Under the act, you are protected as an interviewee, an employer, and a former dismissed employee. To be protected by The Equality Act, you must inform your employer of your mental illness!

Employers are expected to make “reasonable adjustments” to help you cope better in your day-to-day work life, understanding the long term effect on your daily activities.

Some of “reasonable adjustments” expected from employers are:

  • Allowing flexible hours or extra time of work,

  • Changing policies or procedures,

  • Changing your role,

  • Time working from home,

  • Offering counselling or mentoring.

These are all depending on the company and how reasonable these changes would be in practice. If you want to know more on how your employer can help you through reasonable adjustments you can discuss it with your GP. Some companies may also offer mentor schemes to help you get through work, so it is important to ask your employer about the options available to you.

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