Mental Health and Employment Law – an overview Daire Murphy Employment Legal Adviser Law Centre (NI) 8 October 2014

Law Centre (NI) Employment advice work Representation Preventative work Employment law - complexity

Mental Health Unit Advice and representation Hospital detention Community access to treatment and services Mental Health Law training Policy – the Mental Capacity Bill 2014

Mental health issues in employment law No “mental health” specific legislation The same responsibilities to all employees Policies and procedures Particular issues

Fair procedural framework Beneficial across the board Fair and reasonable treatment of employees Protective effect for the employer Making fully informed decisions

Early resolution A culture of openness Preventing escalation Policies – the need to actively implement Training – external resources Discrimination – the employer’s defence

Contractual issues Health and safety Trust and confidence Constructive dismissal A fundamental breach of contract

Personal injury Employer’s duty of care Reasonably foreseeable Reasonable steps to avoid Injury v stress Causation and exacerbation

Disability discrimination Mental health – a continuum Identifying disability Safety first Medical opinion

Disability legislation The Disability Discrimination Act 1995 Great Britain – the Equality Act 2010 Equality Commission Disability Code of Practice

Definition of disability “A physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities”

Definition of disability Mental impairment – removal of illness requirement Long-term Day-to-day activities Substantial

Discrimination Direct and disability-related discrimination Harassment (employer’s defence) Victimisation The duty to make reasonable adjustments

Reasonable adjustments Statutory examples Modification of procedures Employer’s resources What can we do to help?

Medical records and opinion An informed response Sensitive Personal Information – Data Protection Act 1998 The Access to Personal Files and Medical Reports (NI) Order 1991 Privacy – proportionate and relevant requests

Recruitment Disability Code of Practice Arrangements for attending interview Possible discrimination in recruitment and selection

A positive response Meeting employer responsibilities – part of the bigger picture A reasonable response New and existing employees

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