Conditions like depression, anxiety, neurodivergence and menopause may be classed as disabilities under the Equality Act 2010 if they have a substantial and long-term impact on someone’s ability to carry out normal daily activities. That shift in recognition is a positive one, but it’s also exposing some serious gaps in how organisations are handling things behind the scenes.

The Two Extremes We're Seeing

1. Managers who simply don’t know what to do

Many line managers and even HR teams aren’t trained to handle these situations properly. They don’t understand what qualifies as a disability under the Equality Act, how to approach conversations, or what reasonable adjustments might look like. So they freeze, avoid the issue, or unintentionally make things worse by brushing it aside.

This lack of confidence and clarity can be damaging and, in some cases, discriminatory. Not because someone meant to discriminate, but because no one told them how not to. This isn’t about bad intentions; it’s about lack of knowledge, and without the right training or guidance, people managers freeze. They don’t know what they’re supposed to ask, what they’re allowed to ask, or how to put support in place that’s legally sound and genuinely helpful for that person as a unique individual. 

So what happens? Employees feel dismissed, unsupported, or worse, pushed out. And then the claim letters start flying in.

2. Employers going into full panic mode

On the flip side, some businesses go into overdrive. They say yes to everything, rewrite entire policies, or agree to employee requests out of sheer fear of ending up in tribunal.

What starts as a well-intentioned effort to support employees can spiral into inconsistency, resentment, and even more risk. You can’t bend over backwards for everyone without creating chaos. Without proper structure or consistent decision-making, these moves can:

• Undermine team morale
• Set unsustainable precedents
• Create confusion and resentment amongst colleagues
• Lead to unfairness (especially if others don’t receive similar flexibility)

We’ve seen situations where one employee is granted generous work from home arrangements to support their mental health, only for another person within the team, facing similar challenges, to have their request turned down because it’s not workable for the business to have more than one team member constantly working from home. What might start as a well-meaning attempt to support everyone can quickly backfire. If decisions aren’t consistent or thought through, you risk not only causing friction across the team but also edging into discrimination territory.

Bending over backwards for every individual request just isn’t sustainable, and it can create confusion, resentment, and a culture that’s impossible to maintain.

Both Extremes Are a Problem

So let’s be honest, neither approach works.

❌ Not training managers properly = risk of discrimination, legal claims, and broken trust.

❌ Overreacting and giving in to every demand = disjointed processes, resentment, and long-term business headaches.

There’s a middle ground. And it starts with understanding.

The bit no one wants to say out loud: Some employees DO play the system

Most employees are genuine, but not all. And we see a lot of cases where individuals throw out terms like “ADHD” the moment performance concerns are raised, hoping it’ll shield them from accountability or formal capability action.

This doesn’t mean you should dismiss claims of neurodivergence or mental health struggles, but it does mean you need to apply a healthy, compassionate scepticism. You are not obliged to say yes to everything. You can ask for clarity. And you should seek advice.

Here's What Leaders Should Be Doing

It all comes down to balance - supporting your people, staying legally compliant, but also keeping your culture sustainable and fair.

• Lead with empathy but not fear

Empathy doesn’t mean over-accommodating. It means listening, understanding the impact on the person, and responding with compassion and clarity. Leadership training should include how to hold these conversations, not just what to say, but how to listen and respond in a way that builds trust while maintaining boundaries.

• Know what you're actually obliged to do

You don’t need to wait for a formal diagnosis before making reasonable adjustments. The law doesn’t require a piece of paper from a doctor. But you also don’t need to say yes to everything an employee asks for either. What's reasonable depends on your business context, and you get a say in that.

Not all stress is a disability. Not all forgetfulness is neurodivergence. And not all mental health issues are long-term. If someone tells you they’re struggling, take it seriously, but also look at patterns, performance, consistency, and impact. Reasonable adjustments should be reasonable - they’re not about creating new roles or ignoring responsibilities.



• Seek support from Occupational Health

This is where Occupational Health (OH) becomes invaluable - OH provides an independent, professional view on whether someone is likely to be considered disabled under the Equality Act, what adjustments are appropriate, and how those adjustments might impact the business. But OH assessments aren’t just about someone having a chat with an independent practitioner and ticking a few boxes. A well-run OH process includes a thorough evidence base, and that matters, especially if a decision is ever challenged down the line.

OH professionals can:

• Request access to medical records or reports from the employee’s GP, specialist, or mental health practitioner (with the employee’s consent).
• Review diagnostic history, prognosis, and treatment plans.
• Consider how the condition affects day-to-day activities - not just how the employee feels at that moment.All of this helps paint a clear and fair picture of the situation, rather than relying solely on an employee’s self-report or what a line manager thinks they’ve observed.

• Build a culture of trust and consistency

People are more likely to be open about their needs when they trust the response will be fair and thoughtful - not panic-driven or dismissive. If employees feel like you're either too rigid or too reactive, they’ll either stay silent or push boundaries. Neither leads to a healthy culture.

Consistency is key - similar cases should be treated similarly. That doesn’t mean identically, but it does mean that your reasoning and processes should be clear, documented, and explainable.

Final Thoughts: Get the Balance Right

You don’t have to be a lawyer or a therapist to handle mental health well at work, but you do need to understand your responsibilities and respond with a bit of backbone and a lot of empathy.

Training helps. Policies help. Culture helps. Fear? That doesn’t help anyone.

If you’re unsure how to strike the right balance, support your managers, or protect your business while still showing up with empathy and compassion, let’s talk! We help leaders get this stuff right, without losing sleep over tribunals or turning every situation into a panic-driven policy rewrite.