Employment

People often worry about disclosing their mental health problems to an employer. 

But you have rights under the Equality Act 2010 which protect you from discrimination in the workplace and employers should make reasonable adjustments to allow you to carry out a job. 

The Equality Act 2010 says it is illegal to treat anyone differently without good reason because of a “protected characteristic” – that is, something like disability, gender, race or sexual orientation. 

A mental health problem is considered a disability if it has a substantial and long-term impact on your ability to carry out day to day activities. 

Employers must not discriminate unfairly against you, including: 

  • directly, for example, by saying they will not employ you because you have a mental health problem 

  • indirectly, for example, by saying that everyone must start their shift at 7am, when your medication means you struggle to function before 10am. However, this would only be illegal if the employer could not show that there was a genuine business need. 

  • because of someone you are associated with, for example, by refusing to employ you because you have a child or partner with a mental health problem 

Employers cannot usually ask you medical questions before they offer you a job. This includes questions about previous sickness absence.  

To support you, employers should: 

  • make reasonable adjustments to allow you to carry out a job. For example, you might need a quieter work area or the ability to work from home if you have severe anxiety. Employers only have to make these adjustments if it is reasonable for them to do so, taking into account the needs of their business 

  • protect you from unlawful harassment or victimisation at work, if it is related to your disability 

Your employer can get free advice on mentally healthy workplaces from Healthy Working Lives 

The Equality Act also protects you from being treated unfairly because of your disability by shops and suppliers, landlords and other property providers, healthcare providers and education providers 

If you believe you have been unfairly discriminated against, you can take legal action. 

Find out more about your rights

If you feel discriminated against, Citizen’s Advice Scotland provides more advice and information.

Visit Citizen’s Advice Scotland