Mental Health in the Workplace (2) – Mental Health and Discrimination in Employment

Abstract

People with mental health problems are stigmatised and in particular there is concern about stigmatisation in employment. The Disability Discrimination Act 1995 (“the Act”) was introduced to address the problems of disabled people, both in employment and in the provision of education, goods and services and the legislation is concerned with mental as well as physical health. However, its basic premise is that disability has to be long-term and must be defined in terms of the individual disabled person. Many people with mental health problems are not disabled within the meaning of the Act, and because of the individualised approach what has been described as institutionalised discrimination has not been addressed. This article examines the current employment protection for those with mental health problems offered by the Act and elsewhere. It will be argued that there are particular problems associated with mental health that are not addressed by the current law and that recent attempts to address these have resulted in a missed opportunity, and that a more radical approach is necessary because of the nature of mental health and the perceptions and prejudices surrounding this area.