Suffering from a mental disorder is a kind of disability, what do you think about it? Is depression a disability? Unexpectedly, the answer is YES – but it depends on the condition.
Mental illness can be regarded as a disability, only if it has a continual effect on your regular daily activity. This is well-defined under the Equality Act 2010.
The Equality Act 2010 explains- a disability as being a “physical or mental weakening” which has a “significant and continual bad effect on their ability to perform normal daily activities.”
A ‘long-term’ condition means if it continues at least 12 months.
‘Normal daily activity’ such as using a computer, working set times or working together with people you often do on a typical day.
If your mental health condition is spiked, you can get help at work from collogues.
Is Depression a Disability?
There are several types of mental health condition which can occur to a disability, for example:
- Bipolar disorder
- Dementia praecox or schizophrenia
- Obsessive-compulsive disorder
The Mental Health Foundation have specified that “one in four people in England will suffer a mental health problem every year”, so mental health issues are something that effects upon most of the employers.
The Mental Health Foundation has also stated that major depression is the 2nd top cause of disability around the world.
For this reason, depression can be a disability. Whereas depression can occur a disability, people with depression should make reasonable adjustments to tackle this condition.
Any disadvantage faced by employees due to their disability could occur to a tribunal claim, regardless of the length of service.
Therefore, Extreme care should be taken, and reasonable adjustment should be established for an employee’s disability.