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The Disability Discrimination Act

The Disability Discrimination Act (1995) places a duty on employers to make reasonable adjustments to enable disabled people to obtain and keep employment. From 1 October 2004 the employment provisions of the Act applied to all employers including those with fewer than 15 employees (previously not covered by the Act) and some previously excluded occupations (e.g. police officers). 

There's lots of very helpful information for employers, employees and job applicants on the Equality & Human Rights Commission's website and from the Dept for Work & Pensions. ACAS, the CIPD  and the Health & Safety Executive have produced valuable resources about stress at work, health and employment and related legislation and good practice.

The Act specifically includes people with a psychiatric condition, provided it is "clinically well-recognised" and that it has lasted or is likely to last 12 months. What constitutes reasonable adjustment is judged by how far it deals with disadvantage, the cost of the adjustment, the resources of the employer and the availability of assistance or specialist help. The Act is based on the Americans with Disabilities Act (1991) and there is already a substantial body of evidence on what constitutes reasonable adjustment for people with mental health problems:

Categories of Accommodations for Workers with Psychiatric Disabilities

This list is taken from studies of the workings of the Americans with Disabilities Act as reported in The Journal of the Californian Alliance for the Mentally Ill (Maida, P. Mediation and Reasonable Adjustments, JCAMI, 38 p40)

1) Schedule Modification

bulletallowing more frequent breaks
bulletallowing workers to allocate their break time according to their own needs, rather than a pre-determined schedule
bulletallowing workers to shift schedules earlier or later
bullet

allowing workers to take a prolonged lunch break to attend a support meeting (e.g. AA)

bulletallowing workers to use paid or unpaid leave for appointments related to their disabilities
bulletallowing an employee to work part-time temporarily (e.g., when first returning from absence)

2) Job modification

bulletarranging for job sharing
bulletre-assigning tasks among workers
bulletre-assignment to a vacant position

3) Environment modification

bulletproviding an enclosed office
bulletproviding partitions, room dividers, or otherwise enhancing soundproofing and visual barriers between workspaces
bulletoffering a reserved parking space (e.g., to workers with phobias or anxiety disorders)
bulletblocking noise (e.g., by reducing the pitch or volume of telephone rings)
bulletincreasing the special field to allow a larger "personal space"
bulletpositioning the worker as far away as possible from noisy machinery

4) Policy Changes

bulletextending additional paid or unpaid leave during a hospitalisation or other absence
bulletallowing additional time for workers to reach performance milestones
bulletextending the probationary period
bulletallowing an employee to make phone calls during the day to personal or professional supports providing private space in which to make such phone calls
bulletproviding a private space for employees to rest, cry, or talk with supportive co-workers
bulletallowing an employee to work at home
bulletallowing workers to consume fluids at their work stations throughout the work day (e.g., if needed due to medication side effects)

5) Providing Human Assistance

bulletallowing a job coach to come to the work site
bulletparticipating in meetings with the worker and his or her job coach or other employment service provider
bulletpaying for part or all of the net costs of a job coach

6) Providing Technological Assistance

bulletproviding a personal computer to enable an employees to work at home or at unusual hours
bulletproviding software that allows the worker to structure time and receive prompts throughout the workday

7) Special Supervisory Considerations

bulletoffering additional supervisory sessions
bulletoffering additional training or instruction on new procedures or information
bulletoffering information and training in the worker’s preferred mode (orally, visually, written, or experiential)
bulletinsuring the supervisor is available throughout the work day
bulletre-assignment to another supervisor

8) Proactive Steps That May Make The Overall Work Environment More Accommodation Of People With Psychiatric Disabilities

bulletoffering specialised training to help employees advance and achieve promotions
bulletcreating and advertising permanent, part time positions
bulletmodifying a job description to suit an employee’s unique talents and limitations
bulletspecifically stating that employees may use sick leave for physical or mental reasons
bullettraining supervisors to customise their management style
bullettraining supervisors to temper negative feedback by providing positive feedback simultaneously
bullettraining co-workers to increase their sensitivity to the experiences of persons with disabilities
bulletassigning a co-worker to act as "buddy" or "mentor"
bulletestablishing incentives for co-workers to serve as "buddies" or "mentors".

Source: Bob Grove et al, Department of Health

Funding for some of the above may be available through the Access to Work provision. Contact the Access to Work Advisor via  your local Jobcentre Plus office or   Disability Employment Advisers for more information.

 

Promoting mental health through learning and work