What are my rights?

Equality Act 2010

If you feel that you are being treated unfairly by your employer because of your mental health problem, it is important you understand what your rights are.

The Equality Act 2010 is the law that gives you the right to challenge discrimination. It protects people from being discriminated against because of certain protected characteristics, such as gender, age or disability. Mental health falls under the category of disability. To get protection under the Equality Act, you have to show that your mental health problem is a disability (that it has a substantial, adverse, and long term effect on your normal day-to-day activities). The law covers you during recruitment, employment and if you are being dismissed for any reason, including redundancy. Employers must make reasonable adjustments to work practices, and provide other aids and adaptations, for disabled employees.

Useful links

Mind’s website explains what laws protect you from discrimination at work, what you can do if you are discriminated against, and where you can get support and advice.

They also have a legal advice service and legal unit
Mind's legal advice service - 0300 466 6463 -legal@mind.org.uk
This provides legal information and general advice on mental health related law covering mental health, mental capacity, community care, human rights and discrimination/equality related to mental health issues

Direct Gov Advice
This section of the Direct Gov website explains the differences between discrimination and bullying, and give links to further information and sources of support.

Equality and Human Rights Commission
The EHRC has produced a series of guides to explain your rights under the equality law. They cover recruitment, pay, management and many other topics.

The Disability Law Service
This service provides advice on all types of disability-related employment law problems, including reasonable adjustments, harassment, dismissal and the employment tribunal procedure. 

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