New Recruits: mental health discrimination and fairness

When recruiting staff, employers have a legal requirement to ensure they are not discriminating against anyone who has a mental health problem.

These resources will guide you through the law and help ensure you treat everyone fairly and equally.

It isn’t complicated

The Shaw Trust believes everyone has a right to work and a valuable contribution to make.

Read their advice on how to ensure your recruitment process is open to everyone.

Recent changes

The Equality Act 2010 banned pre-employment health questionnaires in all but essential cases.  This makes it easier for employees to avoid discrimination due to their mental health and for employers to understand their obligation not to discriminate. This blog by the Head of Legal at Mind explains the law in more detail.

Positive experiences

While discrimination does exist, a Health and Safety Executive study has found that 85% of employers who did employ someone with a mental health problem stated that they had no regrets in doing so.

Getting people into work

Employers should ensure that they understand their obligations.  They should ensure that when recruiting they are clear that mental health is included in equal opportunities and disability policies.  It is good practice to provide mental health training to those directly involved in recruiting.

Employers should incorporate adjustments to job and person specifications to accommodate people with mental health problems.  Focusing clearly on what is required to get the job done, rather than how it is done, gives flexibility for achieving output in different ways.

Better support in employment

Significant support is available to employers seeking to follow best practice in recruitment and support for employees with mental health problems.

The Department for Work and Pensions (DWP) provides a range of support for employers including Mental Health Coordinators for Jobseekers - who advise how to recruit people with mental health problems and Personal Advisors - who can give one-to-one support on specific cases.

The Realising Ambitions report, co-authored by Mind Chief Executive Paul Farmer, was produced for the government in 2009 and covers the challenges faced in employment by people who have mental health problems. It outlines a vision for the future.