Is a mental health condition a disability under the Equality Act 2010?

The legal test

Section 6 of the Equality Act 2010 says a person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The Act also protects someone who has had a disability in the past.

What "substantial" and "long-term" mean

GOV.UK explains:

• substantial means more than minor or trivial, for example it takes much longer than usual to complete a daily task like getting dressed
• long-term means 12 months or more

There are special rules for recurring or fluctuating conditions, which matters for mental health conditions that come and go.

Where it applies

GOV.UK says the Equality Act 2010 does not apply to Northern Ireland.

Reasonable adjustments at work

GOV.UK says employers must make reasonable adjustments so that workers with disabilities, or physical or mental health conditions, are not substantially disadvantaged when doing their jobs. This applies to all workers, including trainees, apprentices and contract workers. Its examples include:

• doing things another way, such as allowing someone with social anxiety disorder to have their own desk instead of hot-desking
• a phased return to work, including flexible hours or part-time working
• changing the recruitment process so a candidate can be considered

HSE advises managers to concentrate on making reasonable adjustments rather than understanding the diagnosis, taking guidance from the person's GP or occupational health.

Access to Work

Access to Work can help someone get or stay in work if they have a physical or mental health condition or disability. GOV.UK says it includes mental health support, such as a tailored plan and one to one sessions with a mental health professional. A grant does not affect other benefits and does not have to be paid back.

Training

Lift College Mental Health Awareness Training is 1 hour in 6 modules, for every employee plus managers and team leaders, with a CPD Standards Office accredited certificate the same day you pass.