Current UK legislation
There are several laws we have to be aware of when considering mental health.
Mental Health Acts 1983 & 2007
The autism petition currently going through parliament seeks to clarify the situation regarding autism. It lays out maximum waiting times for an autism assessment, suggested at 6 months in comparison with the 3-4 years that parents are currently waiting. It also means that an autistic person cannot be held in a secure mental institution for more than 28 days unless there are other co-existing factors. It is basically seeking to increase the awareness surrounding autism as it is claimed that autism is the single most expensive supported condition costing tax payers an estimated £34 billion annually.
The Equality Act 2010, protects people and in such cases, there will be a legal obligation to make “reasonable adjustments” and not to treat less favourably.
See “Materials” above for the latest 2021-2026 UK autism strategy
Headlines:
75% of employees with ill health, a disability or mental ill-health will NOT declare this to an employer for fear of discrimination
An employer is responsible under the Equality Act 2010 to support and make “reasonable adjustments” for an employee. A report from the UK Charity Autistica has produced a report on what they think those adjustments should be. This is in the course materials at the top of this page.
Not to support an employee may be seen as “harassment” which is defined as…
- unwanted,
- exploitative
- abusive behaviour
…and may be seen as targeting a person with a disability that is intended to
- violate their dignity,
- safety,
- security or autonomy
or create an
- intimidating,
- hostile,
- degrading
- offensive environment.
We have been asked by employers why people don’t declare an issue or a perceived disability.
We fundamentally do not like the word “disabled” but prefer to think of having “sensory issues” or “different” or “special abilities”
