Do mental health difficulties count as disabilities?
For most mental health difficulties that have lasted or are likely to last for more than a year, the answer is yes. If a mental health condition has lasted over a year and affects significantly a person’s ability to do certain things, then they are covered by the Disability Discrimination Act.
The DDA defines a disability as a condition that is:
- neither minor nor trivial
- has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
- affects normal day-to-day activities like eating, washing, walking and going shopping
- must affect one of the ‘capacities’ listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory
As the Disability Discrimination Act is law in the UK, it should guide all discussions about the status of mental health difficulties and disabilities.
The Employers Forum on Disability, the world’s leading employers’ organisation focused on disability as it affects business, advises that all employees who experience ongoing mental health difficulties should be treated as though they are eligible for protection under the DDA and therefore eligible for reasonable adjustments.
More details at the Disability Rights Commission website
Guidance for employers can be found at the Department of Work and Pensions website: http://www.dwp.gov.uk/employers/dda/
Including many downloadable resources, fact sheets and videos: http://www.dwp.gov.uk/employers/dda/materials.asp
