employment – know your rights

by Sally Burningham

There is, unfortunately, a very high incidence of unemployment, among people with mental health problems. And yet surveys consistently show that many such people do want to work. Moreover, those who do manage to obtain a suitable job often find it has a very beneficial effect. As Michelle so tellingly commented, 'it was amazing the impact that getting that job had on my life. Somehow it gave me a structure, and I was starting to earn an income for the first time. All those things made me feel a lot better about myself.'

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Although you are likely to encounter some difficulties, and perhaps even prejudice, you are likely to find that going back to work it is less of a hurdle, if you have the right sort of help and advice. Make sure you know what kind of support is available before looking for a job. The good news is that more is being done now to provide appropriate opportunities and support for people with mental health problems and the situation should continue to improve.

This feature only looks at returning to work for people who have long-term and enduring mental health problems. Many people who experience mental health problems that last for a shorter time or that are less disabling find that they can continue to work, or simply need to take a short break.

For information on stress at work look at the features on stress and work in the stress section. You might also like to look at the features preparing to work again and Mike gets back to work in this section.

getting help

If you have had a long-term mental health problem and have been off work for some time you are likely to need help to enable you to avoid the pitfalls and smooth the way. People who struggle on their own to find work often become disheartened and give up the attempt. There are a number of individuals and organisations that provide this sort of support. You will need to find out what is available in your area.

• The Disability Employment Adviser (DEA) at your local job centre provides advice and help for people with disabilities including mental health problems. If there is no DEA at your job centre ask to speak to a Personal Adviser or New Deal Job Broker. The address of your nearest job centre will be in the telephone book or see help and info.
• Specialist mental health employment schemes also provide advice, assistance and support. They are sometimes run by voluntary organisations or managed within health or social services. You can find out what exists in your area by contacting your local Mind organisation or Citizens Advice Bureau (their details will be in the telephone book or see see help and info). A social worker or community psychiatric nurse should also be able to point you in the right direction.

range of support

The kind of employment support you may be offered will depend on your individual needs and what is available locally. It may include:

• identifying your interests, experience, skills, abilities and wishes to help you decide in what direction you wish to go.
• putting you in touch with various education, training or work experience schemes to help you build up your skills and increase your confidence.
• help with completing job applications, drafting CVs and with interview techniques to enable you to present yourself to an employer in the best possible way.
• helping you find suitable work and advising you and your employer on ways of organising your job that will enable you work to the best of your ability. This might include measures such as taking a break if you feel very stressed or using e-mail if you find telephone conversations difficult, for example.
• offering ongoing support once you start work. You are bound to feel low at times and it is helpful to have someone to talk to who understands your work situation.

benefits

If you have had fairly severe or long-term mental health problems you are probably claiming quite a high level of benefits. It is absolutely vital to get good advice on your benefits before you start work. Otherwise you may find, if you lose your job, for whatever reason, you are unable to claim the same high level of benefit. Ask for advice on how to protect your income from your local Citizens Advice Bureau or Welfare Rights Agency (the addresses will be in your telephone book) before you start work. You may be able to claim some benefits when you have a job.

disclosure

Deciding whether or not to tell people at work about your mental health problem can be tricky. You are not bound to disclose details to your employer. On the other hand you must not lie if you want the protection of the Disability Discrimination Act (see below). You could also risk being dismissed if your employer finds out that you have lied.

Some people prefer not to tell because they are afraid they will be discriminated against. Others decide to be more open because they want their employer to make reasonable adjustments to enable them to manage better at work. Each person has to come to their own decision but it may help to talk it through with whoever is offering you employment advice and support or with someone who has experience of this kind of dilemma.

You may of course find that you are asked questions about your health, including your mental health, on an application form, or on a health form, once you have been offered a job. Some people may choose to leave this blank but if you do decide to give information in this way you may find it helps to be brief but positive, emphasising the coping strategies you have developed as a result of your mental health problem.

Otherwise, if you still wish to disclose, and have not done so on a form, you have a lot of choices about when, how and to whom you do so. You may feel that a good time to be open is at the interview or you may want to wait till you have settled in your job and got a feel for the place. How much you say also depends on you. You may want to briefly touch on your mental health problem or you may want to go into more detail. And finally you may decide to tell your employer or someone in the organisation whom you trust to be discreet such as your line manager or one of the Human Resources team, for example. You don't have to tell everyone. In fact it may in many cases be sensible to say as little as possible until you know how people are likely to react.

discrimination

The Disability Discrimination Act (DDA) 1995 covers people with a range of disabilities including mental health problems. It makes it unlawful for any employer to discriminate against a disabled person who is applying for a job or already in employment. Employers also have a duty to take reasonable steps to enable the disabled person to work, through measures such as flexible hours or making sure instructions are written down, for example.

The Act at present only applies to employers of 15 or more staff but it will include almost all employers in the future. Some organisations such as the police the fire service and the armed services are at present exempt from the Act. However there also plans to bring all organisations, apart from the Armed Services, under the Act.

If you want to know about your employment rights under the Disability Discrimination Act, or feel you are being discriminated against by a present or prospective employer for any reason connected with your mental health problem, you can contact the Disability Rights Commission for information and advice. They can put you in touch with an advisor if you need more help. In certain circumstances they can offer a conciliation service between individuals and employers or represent the person with disabilities at an employment tribunal. They can also send you out helpful information about the Disability Discrimination Act (see help and info).

be realistic

It is important to be realistic about what you can and can't do. Don't try to return to work till you are ready and then look for a job that is right for you at that particular time. You need to think carefully about the number of hours you can work and the kinds of tasks you can manage. Some mental health problems can leave you feeling very tired, more forgetful or less able to concentrate or cope with stress. It may be best to start gradually. You can always look for a more demanding job later, if that is what you want.

help and info

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organisations

Mind (National Association for Mental Health)
15-19 Broadway
London E15 4BQ
Tel: 020 8519 2122
Mind Infoline: 0845 766 0163 (Mon-Fri 9.15am-4.15pm)
E-mail: contact@mind.org.uk
Website: www.mind.org.uk
Campaigns for better mental health services in England and Wales, through its national office, regional offices and network of over 200 local branches, some of which also provide services. Publishes a range of helpful books and leaflets. Contact them for details of your nearest local group and for more information.

National Association for Supported Employment
22 Marsh Green Road
Marsh Barton
Exeter EX2 8PQ
Tel: 01752 306640
E-mail: nase@plymouth.gov.uk
Website: www.nase-org.co.uk
The Association's aim is to provide an authoritative, influential and unified voice on behalf of all organisations, managers and officers, whether in the voluntary sector or local authorities, involved in the delivery of the Supported Employment Programme.

Oakleaf Enterprise
101 Walnut Tree Close
Guildford GU1 4UQ
Tel: 01483 303649
E-mail: info@oakleaf-enterprise.org
Website: www.oakleaf-enterprise.org
Supports people with mental health problems by offering a range of occupational activities, which encourage the development of interpersonal, practical and academic skills. Offers training and support in IT, printing, administration, upholstery, catering, commercial packing and gardening.

The Disability Rights Commission
DRC Helpline
Freepost MID 02164
Stratford-upon-Avon CV37 9BR
Helpline: 08457 622 633 (Mon-Fri 8am-8pm)
Textphone: 08457 622 644
E-mail: enquiry@drc-gb.org
Website: www.drc-gb.org
The Disability Rights Commission (DRC) has been established to work towards the elimination of discrimination against disabled people. The DRC Helpline provides information and advice about all aspects of the Disability Discrimination Act, as well as signposting specialist organisations where necessary. Its website contains information about the DRC's role, plus comprehensive information on legislation, rights of disabled people and responsibilities of employers.

websites

Department for Work and Pensions
www.dss.gov.uk
Government department responsible for employment, equality, benefits, pensions and child support. The website has a range of benefit information and advice for those of working age, to help them to achieve financial independence.

Directgov
www.direct.gov.uk/Audiences/DisabledPeople/Rights/Employment/fs/en
Your employment rights under the Disability Discrimination Act (DDA), plus information about 'reasonable adjustments' and the Disability Rights Commission.

The Disability Discrimination Act
www.disability.gov.uk/dda/index.html
Contains information about the Act, plus Codes of Practice, which are available to download, and a range of links.

National Association of Citizens Advice Bureaux
www.citizensadvice.org.uk
The Citizens Advice Bureau Service offers free, confidential, impartial and independent advice, on information such as debt and consumer issues, benefits, housing, legal matters, employment, and immigration. This website contains details of local CAB centres, and a link to the CAB Advice Guide information website.

New Deal for Disabled People
www.newdeal.gov.uk
The New Deal for Disabled People (NDDP) is piloting a range of initiatives to help disabled people and those with long-term illness into work and training through the Government's Welfare to Work approach.

Specialist Services for Disabled People
www.jobcentreplus.gov.uk
Covers questions such as what help is available to people with disabilities, what kind of help can Disability Employment Advisers (also called DEAs) offer, plus contact details of Disability Service Teams throughout Great Britain.

reading

Mental Health in the Workplace: Tackling the effects of stress by Dr Penny Gray (Mental Health Foundation, 2000)
This booklet reviews the effects of stress at work, and those factors in the workplace that can cause or contribute to stress. It addresses the ways in which employers can help to create a psychologically healthy work environment, in which the effects of stress are minimised and managed, and employees are supported in using and developing their abilities and potential; and it looks at the recruitment and retention of those experiencing mental health problems.
Free to read on Mental Health Foundation's website www.mhf.org.uk

Mind Guide to Surviving Working Life by Alison Cobb (Mind, 2000)
Those who lose their jobs through mental distress can face a hostile world when they return to work. Having a job to go to can positively help recovery, but work stress is now more of an issue than ever. This booklet gives practical tips and sources of advice on staying well at work.
For details on how to order, please see www.mind.org.uk

(October 2001, resources updated December 2004)