The Equality Act 2010
[ch 4: page 13]The Equality Act 2010 (EA 10) is a key source of protection for members with mental health conditions. Disability is one of nine “protected characteristics” listed in the EA 10, which are: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
While EA 10 provides protection for those experiencing a specific legal definition of “disability” (see page 15), union reps can use the structure and principles in their efforts to support any member experiencing mental health problems.
Where a member suffers discrimination, harassment or victimisation due to any of the protected characteristics, compensation can be awarded for psychiatric harm caused by the discrimination. This contrasts with the law of unfair dismissal, where a tribunal is not allowed to award compensation for personal injury (including psychiatric harm) resulting from a dismissal, no matter how severe the harm to the employee’s mental health (Dunnachie v Kingston-Upon-Hull County Council [2004] UKHL 36).