FACTS — Depression, Disability & the Equality Act 2010
“Depression can sometimes qualify as a disability under the Equality Act 2010.”
In Great Britain, a mental health condition may meet the legal definition of disability when it has a substantial and long-term negative effect on a person’s ability to carry out normal day-to-day activities.
“Long-term” generally means the effect has lasted, or is expected to last, at least 12 months. Symptoms do not necessarily have to be present at the same level every day.
What could this mean at work?
Where an employee is disabled under the Equality Act, an employer may have a legal duty to make reasonable adjustments to reduce disadvantages connected with their disability.
Adjustments will depend on the individual, but might include flexible working hours, changes to workload or priorities, additional breaks, written instructions, quieter working spaces, home working where appropriate, extra processing time, different communication methods or supportive check-ins.
A diagnosis alone doesn’t decide it
The important consideration is how the condition affects the individual, rather than simply whether they have a diagnosis of depression.
Someone’s difficulties may also be significant even when they are not immediately visible to colleagues or managers.
Reasonable adjustments are about removing barriers so someone has a fair opportunity to work — not giving them an unfair advantage.
Important: This information relates to the Equality Act 2010 in Great Britain and is provided for general information only. It should not be considered legal advice. Individual circumstances can vary, and appropriate professional or legal guidance should be sought where needed.
Space to Breathe Therapy
