Azmina Gulamhusein examines employers’ attitudes to mental illness
It is estimated that one in four persons will experience a mental health problem at some point in their lives and the economic crisis has led to a significant increase in work-related stress, depression and anxiety. For example, the charity LawCare (which provides a pastoral care service for lawyers) reported that 2009 was its busiest year ever and there was a 10% rise in the number of callers to its helpline complaining of stress.
Although mental ill-health is widespread and a major cause of sickness absence, it remains a taboo subject in the workplace. Recent case law has highlighted the stigma that is still associated with mental illness and the difficulties in meeting the statutory definition of a disabled person. However, it is hoped that provisions in the Equality Act 2010 (EqA 2010) due to take effect next month will provide better protection for vulnerable employees with mental health conditions.
The facts in J v DLA Piper UK LLP
The Employment Appeal Tribunal’s (EAT’s) recent
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