• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Tel: 01343 544 077   Fax: 01343 548 523   E-Mail: mail@grigor-young.co.uk  

G&Y Logo

Solicitors and Estate Agents

MENUMENU
  • Home
  • About
  • Services
    • Individual and Family Services

      • Accidents and Injuries
      • Employment Law
      • Family Law
      • Mental Health
      • Powers of Attorney
      • Wills Executries & Trusts
      • Notary Public
      • Adults With Incapacity
      • Guardianship
    • Business Services

      • Agricultural Law
      • Debt Recovery
      • Employment Law
      • Environmental Law
      • Leasing
      • Licensing
      • Notary Public
    • Property Services

      • Our Property Service
      • Property Search
      • Property Advice in Moray
      • Estate Agency
      • Conveyancing
  • Property
  • Blog
  • Contact Us
  • Our Team
  • Pricing
  • Free Enquiry

Mobile Menu

  • Home
  • About
  • Services
  • Property
  • Property Search
  • Blog
  • Contact Us
  • Our Team
  • Pricing
  • Free Enquiry

Mental Health myths busted

You are here: Home / Employment Law / Mental Health myths busted

1st August 2018 //  by Peter Brash

Mental health continues to be misunderstood and stigmatised. 

We aim here to correct some misconceptions by busting myths about mental health and employment.

Myth – A disabled person is someone in a wheelchair.

Fact – The definition of disability in The Equality Act 2010 covers physical and mental impairments.

This of course includes people in wheelchairs but also other physical disabilities such as blindness, deafness and loss of a limb. Also covered are ‘invisible’ mental health conditions.

The Equality Act defines a disability as “a physical or mental impairment, and the impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities.”

This legal definition clearly covers a wide spectrum of physical and mental conditions, provided they meet the relevant criteria.

Myth – A job applicant has to tell an employer they are disabled.

Fact – No, a disabled person is entitled to keep their disability confidential if they want to.

They are not allowed to be asked if they have a disability, except in very limited circumstances. If they do inform a prospective employer that they have a disability, further questions about it should not be asked. However, applicants should disclose their condition if it may pose a risk at work to themselves or others.

It is advisable for employers to ask applicants if they need any reasonable adjustments to be made to enable them to participate in the process.  This could include an alternative method of submitting an application, for example.  This is not the same as asking if someone is disabled.

Myth – an employee has to tell their employer they are disabled.

Fact – If an employee requires their employer to make reasonable adjustments to enable them to carry out their job, they will most likely need to disclose their disability.  Otherwise it would be difficult for an employer to agree.

Whilst an employer cannot be held liable for failing to make reasonable adjustments if they are not aware of the disability, they are expected to do all they reasonably can to find out if an employee is disabled.  They will be expected to make reasonable adjustments if they “ought to have known” that the employee was disabled.

Myth – A disability dispute will be a lengthy and costly process.

Fact – Not always. Some disputes can be resolved easily without any legal input. Disputes can be resolved informally or through formal workplace channels such as a grievance or mediation, before any extreme legal measures are taken. It is only in the worst case scenario and as a last resort that legal proceedings should follow.

Myth – It is expensive hiring someone with a mental health condition.

Fact – Most reasonable adjustments don’t cost anything or cost very little and so the cost of hiring someone with a mental health condition is not necessarily more than hiring someone who does not have a mental health condition.

Note: This article first appeared on the Moray Employment Law website in August 2018.

Category: Employment LawTag: Disability, mental health

Previous Post: « Mental Health and Employment Law
Next Post: Reduce your risk of Whiplash Injury by doing the Head Rest Test Woman with wrongly-adjusted head rest driving car»

Primary Sidebar

Also on our website:

Employment Law

Related Posts

  • Continuing increase in employment tribunal claims in first quarter of 2019
  • Work Christmas Party (what to be aware of)
  • Should you be paying the real Living Wage?
  • How to make sure sleep benefits your performance at work to the full
  • Mental Health and Employment Law
  • Payment for sleep-in shifts
  • Summary Dismissal in the Absence of Gross Misconduct
  • Email health tips post GDPR
  • The World Cup and the Workplace
  • High Temperatures in the Workplace

Footer

Where to find us:

Grigor & Young LLP – Elgin
No.1 North Street, Elgin, Moray IV30 1UA
Tel: 01343 544 077 Fax: 01343 548 523

DX 520656 Elgin

Grigor & Young LLP – Forres
100 High Street, Forres, IV36 1PD
Tel: 01309 672 126 Fax: 01309 676 384

DX 520700 Forres

Our Team

Peter Brash
Stuart Bruce
Lindsey Carroll
Ann Cruickshank
Douglas Delaney
Carol Holmes
Elin Jones
Katie Kennedy
Richard Miller
Marie Morrison
Kirstie Reilly
Audrey Robertson
Greg Robertson
Donna Skelly

Main Menu

  • Home
  • About
  • Services
  • Property
  • Blog
  • Contact Us
  • Our Team
  • Pricing
  • Free Enquiry

Join us on Social Media

  • Facebook
  • LinkedIn
  • Pinterest
  • Twitter

Terms of use
Privacy Policy

Grigor & Young LLP is a Limited Liability Partnership registered in Scotland (Number SO306314).
Registered office: 1 North Street, Elgin, Moray IV30 1UA.

© 2020 Grigor & Young LLP

This site uses cookies. By continuing to browse you are agreeing to the use of cookies detailed in our privacy policy. Accept & ContinuePrivacy policy