What is Mental Health?

There is no single legal definition of mental health for employment-law purposes.

Mental health generally refers to a person's emotional, psychological and social wellbeing. It can affect how someone:

• Thinks
• Feels
• Behaves
• Responds to pressure
• Interacts with other people
• Performs everyday activities

Mental health can change over time.

Someone may experience difficulties because of personal circumstances such as:

• Bereavement
• Relationship difficulties
• Physical illness
• Financial pressure

Mental health problems can also arise from, or be made worse by, circumstances at work.

These might include excessive pressure, bullying, harassment, unreasonable workloads or an ongoing workplace dispute.

Mental health conditions can include depression, anxiety disorders and other recognised conditions, but a particular medical label is not always necessary before employment-law protection may become relevant.

How Can Mental Health Issues Arise at Work?

Mental health issues commonly arise in an employment-law context in two broad situations.

Where Work Causes or Contributes to the Problem

Your mental health may deteriorate because of working conditions or the way you have been treated.

For example, this might result from:

• Bullying
• Harassment
• Discrimination
• Excessive workload
• Prolonged workplace stress
• Lack of appropriate support

Depending on the circumstances, this could potentially give rise to employment-law claims and, in more serious cases, a separate personal injury claim.

Where You Already Have a Mental Health Condition

You may have an existing mental health condition that was not caused by work, but your working environment or particular events at work may:

• Trigger symptoms
• Make symptoms worse
• Delay recovery
• Make it harder for you to perform your role

In those circumstances, your employer's obligations may become particularly important once it knows, or could reasonably be expected to know, about your condition.

What Factors at Work Can Affect Mental Health?

Many different workplace circumstances can contribute to poor mental health.

Common examples include:

• Excessive workloads
• Unrealistic deadlines
• Lack of control over work
• Inadequate staffing
• Poor management
• Workplace conflict
• Bullying or harassment
• Discrimination
• Performance allegations
• A Performance Improvement Plan
• Disciplinary proceedings
• Job insecurity
• Redundancy
• Lack of training
• Lack of management support
• Unclear responsibilities
• Organisational change

For further information, see Bullying at Work, Performance at Work and Gross Misconduct.

Does Your Employer Have a Duty to Protect Your Mental Health?

Yes, employers have health and safety responsibilities in relation to mental as well as physical health.

An employer is not necessarily responsible whenever an employee experiences stress or develops a mental health condition.

However, employers have a legal duty to assess and manage reasonably foreseeable risks to health arising from work.

This includes risks from work-related stress.

Where an employer knows, or should reasonably know, that working conditions are creating a significant risk to an employee's health, it should consider appropriate steps to address that risk.

Employers should not simply ignore clear warning signs that an employee is struggling.

What is a Work-Related Stress Risk Assessment?

Employers have a legal duty to assess the risks posed by work-related stress and take appropriate steps to control those risks.

The Health and Safety Executive identifies six important areas that can contribute to workplace stress:

• Demands
• Control
• Support
• Relationships
• Role
• Change

An employer should consider whether problems in these areas could be putting employees' health at risk.

Where an individual employee has raised particular concerns, an individual risk assessment may also be appropriate.

When Can a Mental Health Condition Amount to a Disability?

A mental health condition may amount to a disability under the Equality Act 2010.

A person is disabled for the purposes of the Act where they have a:

Physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

This is a legal test rather than simply a medical diagnosis.

For further guidance, see Disability Discrimination.

What Does "Substantial" Mean?

For Equality Act purposes, a substantial effect means one that is more than minor or trivial.

The effect does not need to make an activity impossible.

For example, a mental health condition could substantially affect your ability to:

• Concentrate
• Communicate
• Sleep
• Make decisions
• Interact with other people
• Follow instructions
• Travel
• Maintain a routine
• Work to normal timescales

The way the condition affects you in practice is important.

What Does "Long-Term" Mean?

An impairment is generally long-term where its substantial adverse effects:

• Have lasted at least 12 months
• Are likely to last at least 12 months
• Are likely to last for the rest of the person's life

Special rules apply to conditions whose effects:

• Fluctuate
• Recur
• Come and go over time

A person does not necessarily lose Equality Act protection simply because there are periods when their symptoms improve.

Do You Need a Formal Diagnosis?

Not necessarily.

The Equality Act focuses on whether there is a physical or mental impairment and on its effect rather than simply the diagnostic label attached to it.

Medical evidence can still be extremely important, particularly where there is a dispute about:

• Whether an impairment exists
• How serious its effects are
• How long those effects have lasted
• Whether the effects are likely to continue

An Employment Tribunal ultimately decides whether the legal definition of disability has been satisfied.

Are Alcohol or Drug Addictions Disabilities?

Addiction to alcohol, nicotine or a non-prescribed drug is generally excluded from the Equality Act definition of disability in its own right.

However, a separate condition associated with the addiction could potentially amount to a disability.

For example, someone may also have:

• Depression
• Anxiety
• Liver disease
• Another physical or mental impairment

That separate condition must satisfy the normal Equality Act test.

Does Your Employer Need to Know About Your Disability?

Knowledge can be important for certain types of disability discrimination claim.

An employer may have legal responsibilities where it:

• Knows you are disabled
• Could reasonably be expected to know you are disabled

You are not necessarily required to use the word "disabled" or identify the precise medical diagnosis before the issue becomes relevant.

For example, repeated sickness absence, medical information or significant changes in your behaviour may sometimes mean that an employer ought reasonably to investigate whether a health condition is affecting you.

What Disability Discrimination Claims Can Arise?

If your mental health condition amounts to a disability, the Equality Act can provide protection against several forms of discrimination.

These can include:

• Direct discrimination
• Discrimination arising from disability
• Indirect discrimination
• Failure to make reasonable adjustments
• Harassment
• Victimisation

Discrimination arising from disability can occur where you are treated unfavourably because of something resulting from your disability.

For example, the issue might involve:

• Disability-related absence
• Reduced concentration
• Changes in behaviour
• Difficulty meeting particular requirements

The legal position will depend on the circumstances and whether any statutory defence applies.

What Are Reasonable Adjustments?

Where you are disabled, your employer may have a legal duty to make reasonable adjustments to remove or reduce disadvantages you experience at work because of your disability.

Adjustments should be considered according to your individual circumstances.

Possible adjustments for a mental health condition can include:

• Flexible starting and finishing times
• Home working
• Hybrid working
• Additional rest breaks
• Temporary changes to workload
• Changes to particular duties
• Additional supervision
• Regular management check-ins
• Additional training
• Changes to communication methods
• A quieter working environment
• Time off for treatment or appointments
• A phased return after sickness absence
• Moving away from an employee involved in bullying or harassment

Not every requested adjustment will necessarily be reasonable.

The employer should consider the particular circumstances rather than applying a blanket policy.

What Determines Whether an Adjustment is Reasonable?

There is no fixed list of adjustments that every employer must provide.

Relevant factors can include:

• Whether the adjustment would remove or reduce the disadvantage
• How practical it is
• The cost
• The employer's financial and other resources
• Disruption to the organisation
• Health and safety considerations
• The effect on the role

A large organisation may sometimes reasonably be expected to take steps that would be significantly harder for a very small employer.

However, cost or inconvenience does not automatically mean an adjustment is unreasonable.

The employer should discuss the issue with you and consider possible alternatives if your preferred adjustment cannot reasonably be provided.

Are There Acas Guidelines on Mental Health Adjustments?

Yes.

Acas provides specific guidance on reasonable adjustments for mental health.

The guidance emphasises that mental health problems:

• Can arise suddenly
• Can develop gradually
• May not be obvious
• Can fluctuate
• Can affect different people in different ways

Employers should therefore avoid assuming that the same adjustment will work for everyone.

Even where a mental health problem does not meet the legal definition of disability, Acas recommends that employers should still consider what support or workplace changes may help.

Reasonable adjustments should also be reviewed because an employee's condition and working circumstances may change.

Can Stress Itself Amount to a Disability?

Potentially, but the word "stress" alone does not automatically establish a disability.

Stress is often used to describe a reaction to difficult circumstances rather than a particular mental impairment.

For example, being unhappy about:

• A difficult manager
• A disciplinary process
• A workplace grievance
• A heavy workload

does not by itself necessarily mean that you are disabled.

However, work-related circumstances can cause or contribute to an underlying mental impairment such as depression or an anxiety disorder.

The important question is whether the actual condition and its effects satisfy the statutory disability test.

Does a Medical Label Automatically Prove Disability?

No.

Terms such as:

• Stress
• Anxiety
• Depression

do not automatically establish that someone is disabled for Equality Act purposes.

Two people with the same diagnosis can be affected very differently.

The Tribunal will consider evidence about matters such as:

• Symptoms
• Severity
• Duration
• Effect on everyday activities
• Prognosis
• Medical treatment

Medical evidence can therefore be important, although the final question is a legal one for the Tribunal.

For further guidance, see Stress at Work.

Can Your Employer Take Action About Performance or Absence?

Yes.

Having a mental health condition does not mean that an employer can never manage:

• Performance
• Attendance
• Conduct
• Capability

However, where disability may be involved, the employer should take care before applying ordinary procedures without considering the employee's health.

Depending on the circumstances, it may need to consider:

• Medical evidence
• Occupational health advice
• Reasonable adjustments
• Changes to targets
• Additional support
• Whether disability-related absence should be treated differently
• Alternatives to dismissal

Failure to consider disability properly can create discrimination risks.

Can Your Employer Ask for Medical Evidence?

Potentially.

Where your health is affecting work, your employer may reasonably ask for appropriate medical information.

This might involve:

• A fit note
• An occupational health assessment
• A report from your GP or specialist

There are legal rules governing access to medical reports and the handling of health information.

Medical information is also sensitive personal data and should be handled appropriately under data protection law.

Your employer should normally obtain only information that is relevant to the employment issue.

What Claims Might You Be Able to Make?

Depending on the circumstances, potential claims can include:

Disability Discrimination

Where your mental health condition amounts to a disability, you may potentially bring claims involving:

• Unfavourable treatment arising from disability
• Failure to make reasonable adjustments
• Harassment
• Other forms of disability discrimination

See Disability Discrimination.

Constructive Dismissal

In serious circumstances, an employer's treatment may amount to a fundamental breach of the employment contract.

If you resign because of that breach, you may potentially have a Constructive Dismissal claim.

Constructive dismissal is complex and resignation should not be treated as an automatic response to problems at work.

As at September 2026, an ordinary constructive unfair dismissal claim will generally require the normal qualifying period of employment, subject to exceptions for claims where no qualifying period applies.

Personal Injury

A separate civil personal injury claim may potentially arise where your employer's negligence causes a recognised psychiatric injury.

It is not enough simply to establish that work was stressful.

Among other issues, it will normally be necessary to consider whether:

• The employer owed you a duty of care
• Harm to your health was reasonably foreseeable
• The employer breached its duty
• The breach caused or materially contributed to your injury
• You suffered legally recognised loss or injury

Medical evidence is usually important.

A standalone negligence-based personal injury claim would normally be pursued in the civil courts rather than the Employment Tribunal.

How Long Do You Have to Bring a Claim?

Different claims have different limitation periods.

Disability Discrimination

As at 10 September 2026, an Equality Act employment discrimination claim generally needs to be started within three months minus one day of the discriminatory act complained about.

Where there is legally a continuing discriminatory act, time may run from the end of that continuing act.

Before presenting most Employment Tribunal claims, you must normally notify Acas and begin Early Conciliation.

From 1 October 2026, the time limit for most Employment Tribunal claims will increase to six months minus one day where the applicable limitation period begins on or after that date.

Constructive Dismissal

As at 10 September 2026, the ordinary Tribunal limitation period for constructive dismissal is generally three months minus one day from the effective date of termination.

This will often depend on whether you:

• Resign immediately
• Give and work notice

The same October 2026 Tribunal time-limit reform may affect claims whose limitation period begins on or after 1 October 2026.

Personal Injury

In England and Wales, a personal injury claim is generally subject to a three-year limitation period running from:

• The date the cause of action accrued
• The date of knowledge if later

Different rules apply in Scotland and Northern Ireland.

Because calculating limitation periods can be complicated, particularly where several types of claim arise from the same events, early advice can be important.

What Can Your Employer Do to Support Mental Health at Work?

Employers should treat mental health seriously and take practical steps to identify and reduce workplace risks.

Support may include:

• Carrying out stress risk assessments
• Responding promptly when concerns are raised
• Providing appropriate workloads
• Giving clear responsibilities
• Providing adequate training
• Encouraging regular communication
• Addressing bullying or harassment
• Considering flexible working arrangements
• Making reasonable adjustments
• Referring employees to occupational health where appropriate
• Providing access to an Employee Assistance Programme where available
• Supporting employees returning from sickness absence
• Training managers to recognise and respond appropriately to mental health concerns

Employers should also maintain an environment in which employees can raise concerns without unnecessary stigma.

Where an employee tells their employer that work is affecting their mental health, the employer should consider the issue rather than simply expecting the employee to continue coping without support.

Even where the condition does not meet the statutory definition of disability, appropriate early intervention can help prevent the situation from becoming more serious.