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Disability Discrimination Act (DDA)

Redundancy

Friday, May 22nd, 2009

Under the Disability Discrimination Act, if an employer is making redundancies, it is unlawful for them to select employees for redundancy because of their disability or for a reason related to their disability.

Employers must also make reasonable adjustments to the way in which they choose candidates for redundancy so that they do not discriminate against employees with disabilities. For example, an employer could discount disability-related sickness absence when using attendance as part of their redundancy selection scheme, to create a level playing field between disabled and non-disabled workers.

See also; “Reasonable AdjustmentsWhat are reasonable adjustments? Who pays for reasonable adjustments? Making Reasonable Adjustments

“Reasonable Adjustments”

Friday, May 22nd, 2009

Under the Disability Discrimination Act, an employer has a duty to make “reasonable adjustments” to make sure you’re not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace.

This should help you to work to the best of your ability and make sure that your condition does not get in the way of you doing your job and that you have an equal chance of performing your duties well in comparison to someone who does not have a disability.

These adjustments might include things like: (more…)

What rights does a person who experiences mental health difficulties have at work?

Friday, May 22nd, 2009

A person with mental health difficulties, when those difficulties are considered a disability, has a number of rights in work.

The Disability Discrimination Act makes it unlawful to treat a disabled person less favourably than someone who does not have a disability for a reason related to that person’s disability.

You can find more detail about the rights of people with mental health difficulties at work here:

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Do mental health difficulties count as disabilities?

Friday, May 22nd, 2009

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

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The Disability Discrimination Act

Thursday, May 21st, 2009

If an employee of a company has a disability, including a mental health difficulty or difficulties, they have a number of legal rights in the workplace.

The Disability Discrimination Act is an act of Parliament that guarantees by law the rights of people with disabilities to fair treatment.

This includes fair treatment in the workplace and in the process of securing employment.

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What should I expect from my employer?

Monday, May 4th, 2009

As someone who experiences mental health difficulties, what are my rights at work?

Every employer has a duty by law to make sure that they do not make their employees ill.

The For Employers: An essential guide to mental health and work section of this website covers all of the obligations that employers have, including their requirement to minimise stress and to make reasonable adjustments. The Legals section covers the obligations and rights that people with mental health difficulties have in the workplace.

As an employee, you should expect that your employer does not discriminate against you because of your mental health condition.  If you have declared your mental health difficulty as a disability, your employer should do everything reasonable to help you to do your job.

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Mental Health Difficulties and the Disability Discrimination Act

Monday, May 4th, 2009

Employment is covered by the Disability Discrimination Act (DDA). The DDA protects people with disabilities and helps make sure that they can take their rightful place in the workplace. This means it is unlawful for employers to discriminate against disabled people in their recruitment and selection procedures.  Most mental health difficulties can be considered as disabilities if they make it more difficult to do certain things that other people do.

This means that if you disclose your mental health difficulty to a potential employer, it is against the law for them to use that as the reason for not considering you for a position.  It also means that they must consider making reasonable adjustments to the position for which you are applying.

Do I have to tell potential employers about my mental health difficulty?

Monday, May 4th, 2009

Many people who experience mental health difficulties worry about whether to tell potential employers about their condition.

In the past, people have avoided telling potential employers about any mental health difficulties that they have had in the past or are experiencing at the time because they feared discrimination and stigma, and worried that it would influence decisions about whether to employ them.

It is always up to the individual whether they choose to tell a potential employer about their mental health difficulties.

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The most damaging myths about mental health difficulty and work

Monday, May 4th, 2009

What is it that holds us back?

There are a number of myths about mental health and work that hold people back and prevent them from taking their place in the world of work.

The most damaging is that you need to be 100% well to be in work.  This is outdated thinking that has led people with mental health difficulties to shy away from the opportunities of the job market, frightened that they will be unable to cope.

Mental health difficulties that affect you for more than twelve months and that have an impact on your day-to-day life are best thought of as disabilities.

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Legals

Thursday, April 30th, 2009

Mental Health and Employment Legals

The main body of law that governs the obligations and rights of people with mental health difficulties is The Disability Discrimination Act.

This section provides a brief outline of the main points as they refer to mental health difficulty and employment.

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