Disability discrimination claims related to mental health are on the rise, driven by increasing awareness but outdated workplace policies.
- Data from Acas reveals a significant increase in disability discrimination claims, particularly related to mental health issues.
- The definition of disability now includes many mental health conditions, causing confusion and challenges for employers.
- Employers face pressure to acknowledge and support non-visible disabilities, yet many remain ill-equipped.
- Experts recommend enhanced training for HR professionals to manage mental health issues effectively.
There has been a notable surge in disability discrimination disputes within workplaces, particularly as employers grapple with mental health issues among their staff. An analysis from Acas, the Government-run workplace conciliation service, indicates that while employment tribunal claims sent for early conciliation grew by 7% over the past two years, disability discrimination claims experienced a dramatic 30% increase.
According to Nockolds, a leading law firm, disability discrimination claims now account for a quarter of all claims referred to Acas for conciliation. Despite increased awareness regarding mental health, workplace policies have not evolved at the same pace. Simultaneously, the push for employees to return to the office and enhance productivity is exacerbating workplace conflicts.
The Disability Discrimination Act of 1995 clarified that disabilities include both physical and mental impairments. However, misconceptions persist, often reinforced by the internationally recognised symbol for disability. The Act’s 2005 amendment focused on physical accessibility, and it took years for the idea that ‘not all disabilities are visible’ to gain traction.
The Equality Act 2010 expanded the definition of a disability to include long-term mental impairments significantly affecting daily activities. Despite this, many employers are unprepared for these legal definitions concerning mental health. This lack of preparedness can lead to disputes and, ultimately, tribunal claims.
Joanna Sutton, from Nockolds, explains that conditions like dementia or schizophrenia are easily recognised as disabilities. However, there is growing acceptance of conditions such as depression or menopause qualifying under employment law. Determining the substantial and long-term impact of these conditions is complex, varying between individuals and leading to potential disputes.
The upsurge in disability discrimination claims suggests a pressing need for improved training in managing mental health within the workplace. It appears many HR professionals and managers lack sufficient understanding of legal obligations related to mental health. This deficiency hampers their ability to foster an environment where employees feel safe to discuss mental health openly.
The rise in claims underscores the urgent need for comprehensive mental health awareness and related training among employers.
