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.
↓ Try the Checker NowMental 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.
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.
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.
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.
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.
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Describe your situation and we'll check your rights relating to mental health at work
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.
Include your condition, how long you have worked there, and what your employer has done or refused to do.
Free · Guidance only, not legal advice
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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✉️ Generate My Letter Free →The checker answers only from the guide for the nation you choose, plus what you tell it. If your question is not covered there, it says so instead of guessing. Each guide was checked against primary sources on 24 September 2026.
Spotted something missing, wrong or out of date? Tell us, or comment on the guide.
Further reading: our blog explains reasonable adjustments at work for anxiety and depression, and how to ask for them.
Directed and published by Matt Thompson, 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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