On 22 May 2025, IP Ability hosted a panel event focussed on Mental Health and the Equality Act. The Equality Act 2010 requires employers to not discriminate against a person with a disability and to consider making reasonable adjustments to accommodate them. We learnt that poor mental health can fall within the legal definition of ‘disability’. But what does that mean in practice?
The speakers discussed an employer’s legal obligations to employees struggling with their mental health and gave practical examples of accommodation and support. They also shared their personal experiences of receiving support for poor mental health whilst working in the IP sector.
Marianne Privett from IP Ability was joined by the following panellists:
- Placida Ojinnaka, a non-practising lawyer and a Black Solicitors Network Director and member of the Law Society’s Disabled Solicitors Network.
- Karen Genuardi, Head of People and Talent at Lee and Thompson.
- Andrea Brewster, Lead Executive Officer of IP Inclusive.
- Megan Rannard, an Associate and Trade Mark Attorney at Marks & Clerk.
Read on for a summary of the highlights, download the slides, or watch the recording.
An employer’s legal obligations
Placida’s presentation focussed on an employer’s legal obligations and provided detailed slides as a useful reference source. She first explained that ‘disability’ has a distinct legal meaning in the context of the Equality Act: a physical or mental impairment that has a substantial, adverse, and long-term effect on your ability to carry out normal day-to-day activities. This means that even if you don’t think you have a disability, the Equality Act may protect you from discrimination if your mental health fits its definition of disability.
The Equality Act requires employers to make reasonable adjustments to prevent your disability putting you at a substantial disadvantage compared with others who are not disabled and allow you to be your best at work. Adjustments will be tailored to the individual and if changes are reasonable for your organisation to make, then it must make them.
Placida went on to discuss reasonable adjustments in more detail, as well as types of discrimination and employers’ ‘duty of care’. Her final slide (slide 13) contained a list of helpful resources.
Practical examples of supporting employees with poor mental health
Karen discussed practical examples of accommodating and supporting employees with poor mental health. She reminded us that anyone can experience difficulties with their mental health and this can be ongoing or precipitated by a range of life events, such as bereavement, relationship issues, financial worries, parenting challenges, etc.
A key role of leaders is to create an environment of openness and safety, role modelling and normalising dialogue around mental health. Line managers don’t need to be experts, but are well-placed to spot signs when a member of their team is struggling and listen. They may be able to put support in place directly (adjustments) or signpost support and resources.
Adjustments can be put in place to support people to be at their best at work, so they can work well and remain well. They may be needed for a short time or longer term. Karen provided a useful list of example adjustments on slide 17, which included:
- Changes to start and finish times.
- Extension to deadlines.
- Temporary reallocation of work.
- Postponing participation or attendance at specific meetings / events.
Early intervention and small changes can make all the difference. Adjustments should be kept under review for their effectiveness and changing needs over time. Whether changes remain reasonable can also be reviewed.
Karen also mentioned that the Access to Work scheme may help with the costs, for example funding the cost of taxi travel to/from the office for someone with anxiety.
Having an up-to-date and accessible mental health policy, Mental Health First Aiders, and an internal ‘roadmap’ for dealing with mental health-related issues can be really helpful, as well as directing managers to resources. Karen recommended Mind’s Wellness Action Plan Guide for both employees and managers. She also recommended the ACAS guidance on supporting mental health at work.
Personal experiences
Andrea and Megan reflected on their personal experiences of receiving support for poor mental health whilst working in the IP sector. They talked about this from various perspectives: as an employee, line manager and business owner, and how this has changed over time.
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