Mental Health at Work in Northern Ireland

Who this guide is for

Employees in Northern Ireland with a mental health condition who are off sick, have had absences, or fear they will be dismissed because of it.

What this guide does not cover

• Work in England, Wales or Scotland: see the Great Britain guide.
• Whether your condition counts as a disability in Northern Ireland. This guide gives the general test only: ask the Equality Commission for Northern Ireland.
• Reasonable adjustments in detail: see our reasonable adjustments guide. Benefits while you are off work: see our benefits guide.
• Tribunal time limits in detail: see our tribunal deadline guide. Your other rights at work: see our employee rights guide.
• Crisis support. If you are in crisis, contact your GP or the emergency services.

What the rules depend on

1. Is your condition a disability under the Disability Discrimination Act 1995? If yes, the duty to make reasonable adjustments applies.
2. How long have you worked there? Ordinary unfair dismissal needs 1 year.
3. What has your employer done? Consulting you, medical advice and alternatives decide whether a dismissal can be fair.
4. When did it happen? The date decides your time limit.

"Is my condition a disability?"

The Disability Discrimination Act 1995 defines a disabled person as someone with a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Ask the Equality Commission for Northern Ireland if you are not sure whether your condition meets it.

"What should my employer do?"

An employer has a duty to make reasonable adjustments for an employee with a disability who is at a substantial disadvantage compared with people who do not have a disability. Failing to meet the duty cannot be justified and is always unlawful.

"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. This applies in Northern Ireland as well as in Great Britain. It is £123.25 a week, or 80% of your normal weekly earnings if that is lower.

"Can they sack me for being off sick?"

An employer can dismiss because an employee is no longer capable of doing the job because of illness. For the dismissal to be potentially fair, the employer must regularly communicate and consult with you, take appropriate medical advice, consider the effects of the absence on the business, consider alternatives to dismissal, and, if appropriate, take account of reasonable adjustments under disability discrimination law.

In Northern Ireland you need at least 1 year of continuous employment to claim ordinary unfair dismissal. A discrimination claim needs no minimum length of service.

Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.

Why the employer acted matters

Being treated badly and having a protected characteristic is not enough on its own. The industrial tribunal asks why the employer acted, and the characteristic must be part of the reason. It does not have to be the only or main reason, and it can count even if the employer did not realise it, but it must be more than a trivial part.

Proof: you first need facts from which the tribunal could decide there was discrimination if there were no adequate explanation. If you have those, it is then up to the employer to prove it did not discriminate. Reasonable adjustments are different: they are about removing a disadvantage, not the employer's motive.

Deadlines you must meet

• Most claims: 3 months less 1 day, including unfair dismissal and discrimination.
• Early conciliation: tell the LRA within your time limit.
• Your exact date depends on your facts: see our tribunal deadline guide.

Money figures

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

Traps

• The Equality Act 2010 does not apply in Northern Ireland.
• There is no Acas early conciliation in Northern Ireland. Use the LRA.
• Unfair dismissal needs 1 year here. The Great Britain 6-month rule from January 2027 does not apply.