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🧠 Mental Health at Work

Mental Health at Work in England, Wales and Scotland

When a mental health condition is a disability, reasonable adjustments, sick pay, and when a dismissal for absence can be unfair.

✅ Last verified: 24 September 2026 📚 Sources: listed at the end, each checked on the date shown 🇬🇧 England, Wales and Scotland

💬 Check your own situation

Describe what has happened. The checker answers only from this guide, plus what you tell it, and says so if something is not covered.

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Who this guide is for

Employees and workers in England, Wales or Scotland with a mental health condition who are off sick, have had absences, or fear they will be dismissed because of it. It covers:

When a mental health condition counts as a disability.
Reasonable adjustments, including a phased return.
Sick pay.
When a dismissal for sickness absence can be unfair or discriminatory.

What this guide does not cover

Work in Northern Ireland: see the Northern Ireland guide.
Reasonable adjustments for other conditions in detail: use the reasonable adjustments checker. Menopause: use the menopause checker.
Benefits while you are off work: use the benefits checker.
Tribunal time limits in detail: use the tribunal deadline checker. Your other rights at work: use the employee rights checker.
Crisis support. If you are in crisis, contact your GP, NHS 111 or the emergency services.

⚖ At a glance

A mental health condition is a disability under the Equality Act 2010 if it has a substantial and long-term negative effect on your ability to do normal daily activities.
If it is a disability, your employer must make reasonable adjustments, such as a phased return to work with flexible hours or part-time working.
Since 6 April 2026, statutory sick pay is paid from the first full day of sickness absence.
An employer can dismiss for capability, but it must have a fair reason and follow a fair procedure. Unfair dismissal needs at least 2 years of continuous employment now, and at least 6 months where the employment ends on or after 1 January 2027.
A disability discrimination claim needs no minimum length of service.

The questions that decide the answer

Is your condition a disability? If yes, the duty to make reasonable adjustments and protection from disability discrimination apply, whatever your length of service.
How long have you worked there? Ordinary unfair dismissal needs 2 years now, or 6 months where the employment ends on or after 1 January 2027.
What has your employer done? Whether it followed a fair procedure and considered adjustments decides whether a dismissal was fair.
When did it happen? The date decides your time limit.

"Is my mental health condition a disability?"

You are disabled under the Equality Act 2010 if you have a physical or mental impairment that has a "substantial" and "long-term" negative effect on your ability to do normal daily activities. "Substantial" is more than minor or trivial. "Long-term" means 12 months or more.

There are special rules about recurring or fluctuating conditions. Only a tribunal can finally decide whether you are disabled.

"What should my employer do to help me?"

Employers must make reasonable adjustments so that disabled workers are not substantially disadvantaged when doing their jobs. For example:

doing things another way, such as allowing someone with social anxiety disorder to have their own desk instead of hot-desking;
allowing employees who become disabled to make a phased return to work, including flexible hours or part-time working.

You can apply for Access to Work if you need extra help. It does not replace your employer's duty.

"Will I get paid while I'm off?"

From 6 April 2026, statutory sick pay (SSP) is paid from the first full day of sickness absence, for up to 28 weeks. It is £123.25 a week, or 80% of your average weekly earnings if that is lower. Your contract may give you more.

"Can they sack me for being off sick?"

With enough service, it might be unfair dismissal if there was no fair reason for it, the reason was not enough to justify dismissing you, or your employer did not follow a fair procedure.

For a dismissal about capability, the fair procedure should follow the Acas Code of Practice on disciplinary and grievance procedures. You can appeal through your employer's appeal process.

You currently need at least 2 years of continuous employment to claim ordinary unfair dismissal. If your employment ends on or after 1 January 2027, you need at least 6 months.

If your condition is a disability, dismissing you without making reasonable adjustments can be disability discrimination. A discrimination claim needs no minimum length of service.

Before you can make most employment tribunal claims, you must notify Acas to start early conciliation. It is free. Your time limit is paused while conciliation runs, but only if you notify Acas within your time limit.

Deadlines you must meet

Most tribunal claims, including unfair dismissal and discrimination: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026.
Notify Acas within your time limit, so that the clock is paused.
Your exact date depends on your facts: the tribunal deadline checker works it out.

Money figures

Statutory sick pay from 6 April 2026: £123.25 a week, or 80% of average weekly earnings if lower.

Where to go for help

Acas: 0300 123 1100 (Monday to Friday, 8am to 6pm), acas.org.uk. Early conciliation and employment advice.

Free advice is also available from Citizens Advice, and from your trade union if you have one.

Citizens Advice (England): 0800 144 8848

Citizens Advice (Wales): 0800 702 2020

Citizens Advice Scotland: 0800 028 1456

Traps

Not every mental health condition is a disability. The effect must be substantial and long-term.
A discrimination claim needs no minimum service, but ordinary unfair dismissal does.
The 6-month unfair dismissal rule applies only where the employment ends on or after 1 January 2027.
Do not use Northern Ireland rules here.

📜 Sources (checked 24 September 2026)

GOV.UK: Definition of disability under the Equality Act 2010; Reasonable adjustments for workers with disabilities or health conditions.
Acas: Unfair dismissal (fair reason and fair procedure; capability; appeals); Statutory sick pay (from 6 April 2026). legislation.gov.uk: Employment Rights Act 2025 (sick pay; SI 2026/373). Tribunal time limits as in the tribunal guide.
Helplines checked on each organisation's own website on 24 September 2026.

⚠ Important disclaimer: This guide covers mental health at work in England, Wales and Scotland as at 24 September 2026. General legal information only, not legal advice. ukworkrights.co.uk — Not a law firm.

Mental Health at Work in England, Wales and Scotland

💬 Check your own situation

Who this guide is for

What this guide does not cover

⚖ At a glance

The questions that decide the answer

"Is my mental health condition a disability?"

"What should my employer do to help me?"

"Will I get paid while I'm off?"

"Can they sack me for being off sick?"

Deadlines you must meet

Money figures

Where to go for help

Traps

📜 Sources (checked 24 September 2026)

Comments

Found this helpful?

⚖ Important — Please Read Before Continuing

1. This is guidance — and only ever guidance

2. AI can make mistakes

3. Verified figures and guidance sources

4. What happens to what you type

5. Your responsibility

6. Useful Official Resources

7. Scope of this service

Report an Issue

Share Your Feedback

Mental Health at Work in England, Wales and Scotland

💬 Check your own situation

Who this guide is for

What this guide does not cover

⚖ At a glance

The questions that decide the answer

"Is my mental health condition a disability?"

"What should my employer do to help me?"

"Will I get paid while I'm off?"

"Can they sack me for being off sick?"

Deadlines you must meet

Money figures

Where to go for help

Traps

📜 Sources (checked 24 September 2026)

Comments

Found this helpful?

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