Mental Health Discrimination at Work: 7 Warning Signs Employers Often Miss

Mental health is now more openly discussed in many workplaces. However, greater awareness does not always mean it is properly understood in practice. Employees are often encouraged to speak up about anxiety, depression or stress. Yet when those issues begin to affect performance, attendance or behaviour, the employer’s response can change quickly. What begins as support may shift into pressure, exclusion or, in some cases, dismissal. This is often where mental health discrimination arises – not through overt acts, but through patterns of conduct that are easy to overlook until they become serious. Under the Equality Act 2010, a mental health condition may amount to a disability if it has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. Where this threshold is met, employers have specific legal obligations. A failure to meet those obligations can give rise to claims for disability discrimination. 1. Your Condition Is Ignored or Dismissed A common early warning sign is where an employer minimises or fails to engage with an employee’s mental health condition. This is not always explicit. It may present more subtly, for example, where concerns are brushed aside, conversations are avoided, or the condition is treated as temporary or not serious enough to warrant action. The employee may be expected to continue working as normal despite clear difficulties. In law, an employer may be liable where they knew, or ought reasonably to have known, about a disability. Simply ignoring the issue will not avoid that responsibility. 2. No Consideration of Reasonable Adjustments Employers have a duty to make reasonable adjustments where a disabled employee is placed at a substantial disadvantage. In practice, the issue is often not an outright refusal, but a failure to properly consider adjustments at all. Discussions about changes to workload, working hours or the working environment may not take place. Requests may be delayed or not meaningfully addressed, and policies may be applied rigidly without regard to individual circumstances. A failure to engage with the duty to make reasonable adjustments is a key area of legal risk. 3. Performance Issues Are Handled Without Context Mental health conditions can affect concentration, energy levels, and consistency. These changes may be wrongly treated as straightforward performance issues. Rather than exploring the underlying causes, employers may move directly to formal performance management processes. Warnings may be issued and targets imposed, without considering whether the issues are linked to a potential disability. This approach risks treating disability-related effects as misconduct or poor performance, which may amount to discrimination arising from disability. 4. Increased Scrutiny After Disclosure In many cases, there is a noticeable shift in how an employee is treated after disclosing a mental health condition. While changes may be framed as supportive, they can in practice result in increased monitoring, reduced responsibilities, or limited opportunities for progression. Employees may be treated differently from colleagues in comparable roles. The timing of such changes is important. If treatment worsens following disclosure, this may indicate discriminatory treatment and warrants closer examination. 5. Absence Is Treated as a Disciplinary Issue Mental health-related absence is often managed in the same way as general sickness absence, with strict application of absence management policies. Trigger points may be reached and warnings issued without considering whether the absence is linked to a disability. There may be little or no flexibility in how policies are applied. Employers should consider whether adjustments to absence procedures are required. Applying standard thresholds without flexibility may place disabled employees at a substantial disadvantage. 6. Lack of Proper Investigation or Support Where concerns are raised, the employer’s response is critical. In some cases, investigations are limited or non-existent. Complaints may not be followed up, evidence may not be properly gathered, and employees may not receive clear outcomes. Support mechanisms may also be inconsistent. Referrals to occupational health may be delayed, recommendations may not be implemented, and communication may break down. This can exacerbate an already difficult situation. 7. Moving Towards Dismissal Without Proper Consideration The most serious cases arise where dismissal is considered without fully addressing the underlying condition. This may occur following periods of absence, performance concerns or ongoing workplace difficulties. The key question is whether the employer has taken reasonable steps before reaching that stage. This includes obtaining appropriate medical evidence, considering reasonable adjustments, and exploring alternatives to dismissal. Where these steps are not taken, a dismissal may be unfair and/or discriminatory. Key Indicators to Watch For Your condition is acknowledged but no action is taken Reasonable adjustments are not properly considered or are repeatedly delayed Performance concerns are addressed without reference to your mental health Your treatment changes after disclosure Absence is managed rigidly without flexibility Complaints are not properly investigated Matters escalate quickly toward dismissal Why These Situations Are Often Missed Mental health discrimination is rarely obvious. It often arises from a series of decisions that may appear reasonable in isolation but taken together, place the employee at a disadvantage. Policies are followed, but without flexibility. Concerns are noted but not acted upon. As a result, employees may only recognise the issue once the situation has significantly escalated. Need Guidance on Workplace Mental Health Issues? Mental health at the workplace is no longer a peripheral workplace issue – it is a core aspect of employment law. Recognising the warning signs early can help prevent issues from escalating into formal disputes. For employers, this reduces legal risk. For employees, it can lead to a more supportive and sustainable working environment. If you believe your situation may involve mental health discrimination, or you are unsure whether your employer has met their legal obligations, it is often advisable to seek legal advice at an early stage. The Employment Law team at Kalra Legal Group regularly advises on workplace discrimination, reasonable adjustments and dismissal. Understanding your legal position at the right time can make a significant difference to how the situation is handled.