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1. This is guidance — and only ever guidance

Everything produced by ukworkrights.co.uk is general guidance. It is not legal advice. It is not a substitute for advice from a qualified solicitor. Never treat it as the final word — use it as a starting point, then check and take responsibility for any action you take.

2. AI can make mistakes

The guidance is generated by artificial intelligence. AI can and does make mistakes — wrong dates, wrong figures, wrong legal references, missed nuances. Read everything carefully. If the matter is serious, get it checked by ACAS, Citizens Advice, or a qualified solicitor before acting on it.

3. Verified figures and guidance sources

Statutory figures (such as rates for minimum wage, SSP, redundancy, pension contributions, council tax bands, flight compensation amounts, and benefit rates) are checked against official sources. Laws and rates change regularly. Always verify important figures at gov.uk before making decisions or taking action.

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6. Useful Official Resources

  • ACAS — Free employment advice: 0300 123 1100 — acas.org.uk
  • Citizens Advice — Free legal guidance: 0800 144 8848 — citizensadvice.org.uk
  • GOV.UK — Official UK government guidance: gov.uk
  • ICO — Data protection queries: 0303 123 1113 — ico.org.uk
  • Financial Ombudsman — Financial disputes: 0800 023 4567 — financial-ombudsman.org.uk
  • Energy Ombudsman — Energy disputes: energyombudsman.org
  • NHS — Healthcare guidance: nhs.uk
  • Veterans UK: 0808 1914 218
  • Jobcentre Plus (existing benefit claims): 0800 169 0310

For personal injury claims, immigration advice, criminal matters, or complex legal situations — always consult a regulated solicitor. Find one at solicitors.lawsociety.org.uk or gov.uk/find-a-solicitor.

7. Scope of this service

This service covers a wide range of UK rights topics including employment, housing, benefits, consumer rights, driving, NHS complaints, data protection, tax, school rights, wills and probate, energy, travel, and more. For all topics, the guidance is general in nature. For regulated activities — including personal injury claims, immigration applications, criminal defence, and financial advice — you must use a regulated professional.

The law is not the same across the UK. England, Wales, Scotland and Northern Ireland differ — sometimes substantially — on housing, tribunals, employment procedure, benefits, education, and wills and probate. Your guidance is tailored to the nation you selected at the top of the page, so please make sure it is right before you rely on the answer. If you live in one nation and the matter arose in another, say so in your description. Where a rule applies in only part of the UK, the guidance should say so — if it does not, treat that as a reason to check with one of the services listed above.

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🧠 Mental Health at Work Rights Checker

Can I Be Dismissed for a Mental Health Absence?

Describe your mental health work situation and get instant plain English guidance on your rights — reasonable adjustments, sick leave, discrimination and returning from absence. Checked against official sources.

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Mental Health Rights at Work — Adjustments & Protections

Mental health conditions such as depression, anxiety and PTSD can qualify as a disability under the Equality Act 2010 (England, Wales and Scotland) or the Disability Discrimination Act 1995 (Northern Ireland) if they have a substantial and long-term adverse effect on day-to-day activities. If you qualify, your employer has a legal duty to make reasonable adjustments — such as flexible working, phased return, adjusted targets or changes to duties.

Dismissing someone because of a mental health condition linked disability is automatically unfair. In England, Wales and Scotland you can also request flexible working from your first day of employment (since 6 April 2024); in Northern Ireland you need 26 weeks of service first. Absence management procedures must take disability into account — dismissing for mental health-related absences without proper process can be unlawful.

Key rights covered: reasonable adjustments, disability discrimination, occupational health referrals, return to work plans, stress at work, flexible working and unfair dismissal. Checked against official sources.

Why absence management needs to account for disability

Treating disability-related absence identically to ordinary sickness absence, without adjusting trigger points or considering the underlying cause, can itself amount to discrimination arising from disability — a distinct legal concept from direct discrimination that's particularly relevant to mental health situations.

What a phased return can look like in practice

Returning gradually — reduced hours or duties building up over several weeks — significantly improves the chances of a sustainable return compared to going straight back to full capacity, and for some, this may itself be a reasonable adjustment your employer is legally required to consider.

Free Guidance in Plain English

This checker gives you a plain English read on your specific situation, answered only from its own guide for your part of the UK, checked against official sources. No login needed, and your answer is generated instantly based on what you tell us.

When to Seek Further Help

Our guidance covers many common situations, but complex or high-stakes cases need professional advice. For employment issues, contact ACAS in England, Wales and Scotland (0300 123 1100) or the Labour Relations Agency in Northern Ireland (03300 555 300). For free general advice, contact Citizens Advice (England 0800 144 8848, Wales 0800 702 2020), Citizens Advice Scotland (0800 028 1456) or Advice NI (0800 915 4604). For urgent housing problems in England, Shelter can help on 0808 800 4444.

ℹ️

Free to use: Run any checker, read your full results and download them as a printable report — no account needed.

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What mental health at work situation do you need guidance on?

Describe your situation and we'll check your rights relating to mental health at work

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Tip: Mental health conditions may be covered as a disability under the Equality Act 2010. Include how long you have had the condition and how it affects your daily life for the clearest guidance.

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Include your condition, how long you have worked there, and what your employer has done or refused to do.

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Free · Guidance only, not legal advice

Frequently Asked Questions

Is mental health covered as a disability under the Equality Act 2010?

Yes, if the mental health condition has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities — meaning it has lasted or is likely to last 12 months or more. Conditions like depression, anxiety, PTSD and bipolar disorder can all qualify.

What reasonable adjustments can I request for mental health?

Reasonable adjustments could include flexible working hours, working from home, a phased return after absence, reduced workload temporarily, a change of manager, or amended performance targets. Your employer can only refuse if the adjustment is genuinely not reasonable for the business.

Can my employer dismiss me for mental health absence?

Your employer can begin a capability process for long-term absence, but must properly consider your condition, obtain occupational health advice, discuss possible adjustments, and follow a fair process. Dismissal without these steps may amount to unfair dismissal and disability discrimination.

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📖 Know Your Rights Read the Mental Health at Work Guide →
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Further reading: our blog explains reasonable adjustments at work for anxiety and depression, and how to ask for them.

Directed and published by , founder of UK Work Rights. Guidance checked against GOV.UK, ACAS and legislation.gov.uk. This is general rights guidance, not legal advice.

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