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making allowances for mental illness

Employment and Discrimination Law

Re: making allowances for mental illness

Postby Hairyloon » Fri Sep 08, 2017 7:39 am

Since Atti' has brought this one up again, and it was a fairly important point that we gave up on.
If somebody with severe learning disabilities is disabled and entitled to protection under the Act, but a person who is merely stupid is not and is not, then how is it that we should make the distinction?

I was not yet convinced that the conditional is true, but I seem to be in the minority.
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Re: making allowances for mental illness

Postby dls » Fri Sep 08, 2017 5:55 pm

Neither is a mental illness.
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Re: making allowances for mental illness

Postby preacherman » Sun Sep 10, 2017 7:40 am

atticus wrote:Section 15 of the Equality Act 2010 provides that an employer does not discriminate on grounds of disability if the employer did not know, and could not reasonably have been expected so, that the employee had the disability.

Some disabilities will be more obvious than others, and I am sure that we can all think of examples. However, mental health has the capability to be a "hidden" disability. A person who expects others to make allowances for his or her mental illness therefore need to disclose it, to ensure that those he expects to make adjustments are aware of his disability and therefore of the need to allow for it.

Those who do not have any particular experience of dealing with mental illness may confuse the signs of that mental illness with something else, such as common or garden stupidity, if the necessary disclosure is not made.


what about if it is the other-way around, and the employer has a mental illness? and the employer discriminates against the employee because he the employer has lost his marbles? should employer disclose that he is not always reading the same hymn book so the employee needs to make allowances? :lol: Sorry, I am laughing but its a serious question.
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Re: making allowances for mental illness

Postby Hairyloon » Sun Sep 10, 2017 8:54 am

preacherman wrote:what about if it is the other-way around, and the employer has a mental illness? and the employer discriminates against the employee because he the employer has lost his marbles? should employer disclose that he is not always reading the same hymn book so the employee needs to make allowances? :lol: Sorry, I am laughing but its a serious question.


Interesting question. I think we have discussed previously that one cannot expect allowances to be made for an unknown issue: if the employer wants allowances then he would need to disclose it.
As to whether the employee has to make allowances, that probably depends more on whether he wants to keep his job than on the law.

But could mental illness provide a proper excuse for unlawful discrimination, I really don't know. I expect it would depend upon both the nature of the disability and on the nature of the discrimination. I imagine some difficulty in proving that it was properly a consequence of an actual medical condition.
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Re: making allowances for mental illness

Postby shootist » Sun Sep 10, 2017 8:57 pm

A good case might be made for classing religious beliefs as a form of insanity. "One day while walking up the stairs I met a god that wasn't there. He wasn't there again today, I wish that god would go away."
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Re: making allowances for mental illness

Postby Hairyloon » Sun Sep 10, 2017 9:40 pm

shootist wrote:A good case might be made for classing religious beliefs as a form of insanity.

Not really in the context of disability discrimination...
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Re: making allowances for mental illness

Postby shootist » Sun Sep 10, 2017 10:51 pm

Hairyloon wrote:
shootist wrote:A good case might be made for classing religious beliefs as a form of insanity.

Not really in the context of disability discrimination...


It's known for preventing otherwise normal people from thinking straight.
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Re: making allowances for mental illness

Postby atticus » Mon Sep 11, 2017 5:48 am

An unhealthy obsession with religion does appear to inhibit clear thinking about the Equality Act.
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