Mental health disability discrimination

Abstract

This article analyses data collected on mental health discrimination (MHD) litigation in Britain between 2005 and 2012. The data on MHD litigation are presented by an examination of the following: population of cases reaching the Employment Appeal Tribunal and the additional (to MHD) claims brought in the cases, findings relating to the characteristics of the claimant and respondent and the workplace and organizational context from which the legal action arises, the forms of the MHD being claimed and key legal issues arising from the analysis of case law. Results suggest that a substantial gap between law, policy and practice remains and that organizations are not being proactive enough in preventing and tackling the issue of MHD arising in the workplace.