Mental health disability discrimination
| Author | Graham Thornicroft,Claire Henderson,Graeme Lockwood |
| DOI | 10.1177/1358229114534541 |
| Published date | 01 September 2014 |
| Date | 01 September 2014 |
| Subject Matter | Articles |
Article
Mental health disability
discrimination: Law,
policy and practice
Graeme Lockwood, Claire Henderson
and Graham Thornicroft
Abstract
This article analyses data collected on mental health discrimination (MHD) litigation in
Britain between 2005 and 2012. The data on MHD litigation are presented by an
examination of the following: population of cases reaching the Employment Appeal
Tribunal and the additional (to MHD) claims brought in the cases, findings relating to the
characteristics of the claimant and respondent and the workplace and organizational
context from which the legal action arises, the forms of the MHD being claimed and key
legal issues arising from the analysis of case law. Results suggest that a substantial gap
between law, policy and practice remains and that organizations are not being proactive
enough in preventing and tackling the issue of MHD arising in the workplace.
Keywords
Mental illness, discrimination, law, workplace procedures
Introduction
The occurrence of me ntal health discrim ination (MHD) in the w ork environment is
reflected in reported accounts of employee experience and through claims made to
employment tribunals (e.g. Biggs et al., 2010; Brohan et al., 20 12; Campbell, 1995;
Doyle, 1996; Hurstfield et al., 2004; Konur, 2002; Leverton, 2002; Sayce and Boardman,
Department of Management, King’s College London, London, UK
Corresponding author:
Graeme Lockwood, Department of Management, King’s College London, Franklin-Wilkins
Building, 150 Stamford Street, London SE1 9NH, UK.
Email: graeme.lockwood@kcl.ac.uk
International Journalof
Discrimination and theLaw
2014, Vol. 14(3) 168–182
ªThe Author(s) 2014
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DOI: 10.1177/1358229114534541
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