Mental health at work and the duty to make reasonable adjustments
2015
44
2
July
194-221
depression ; dismissal ; labour law ; labour market ; mental health ; return to work ; sick leave ; stress
Medicine - Toxicology - Health
http://dx.doi.org/10.1093/indlaw/dwv009
English
"There is widespread evidence that mental health is a key issue in today's workplace. Stress, depression and anxiety are the leading causes of sickness absence, while people with mental health problems report frequent experiences of discrimination at work. Research also shows low employment participation rates amongst those with mental health problems. This article explores the role that employment law can play in fostering a more inclusive labour market, looking specifically at the duty to make reasonable adjustments in the Equality Act 2010. It examines how tribunals and courts have interpreted the duty, finding evidence that the multi-stage test commonly followed creates obstacles for claimants, as well as giving rise to ambiguity and, at times, inconsistency. The article concludes that the duty to make reasonable adjustments can be a valuable resource for people with mental health problems and there is evidence that it is provoking change in employment practices. Yet the potential contribution of the duty remains constrained by restrictive interpretations of the law."
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.