The DDA Made Easy

The Disability Discrimination Act says it's illegal for an employer to treat employees or job applicants disabled by mental health conditions "less favourably" than other employees.

The only exception to this is where an employer can justify treating an employee less favourably because running the business wouldn't allow the employer to do anything else. The risk of the business being damaged must be "substantial".

As well as not treating an employee disabled by a mental health condition "less favourably" an employer also has to make "reasonable adjustments" to prevent the employee being put at a substantial disadvantage because of policies or practices, or any physical features of the workplace.

See your company policy and possible solutions for suggestions on reasonable adjustments you could make. Under the law there is no defence or justification for failing to make reasonable adjustments.

Things to consider when working out whether any particular adjustment is reasonable include things like the effectiveness and practicality of the adjustment; the cost; and the extent of any disruption caused, and the availability to the employer of financial assistance in making adjustments.

If an employee doesn't disclose their disability to you at the application / offer / acceptance stage or when specific questions about health have been asked and if the employee has provided false information, it is difficult for you, the employer, to make reasonable adjustments under the DDA.

However, if you are made aware at a later date that there is a mental health condition you are duty bound to make reasonable adjustments for that employee.

Also if you, the employer, could reasonably be expected to have recognised issues as mental health and disability related and failed to make any "reasonable adjustments" this could be viewed under the law as "less favourable treatment". It doesn't matter that you haven't been formally told. See our guidance on how to recognise the early warning signs of mental ill health to help you.

For more information on the DDA and advice on good practice visit Commission for Equality and Human Rights

You can talk through any issues regarding your legal duties under the disability discrimination act with trained professionals via our mental health helpline service. For more details about this service email us at mentalhealthline@shaw-trust.org.uk