Mental Health (Discrimination) Act 2013, No. 8 (as amended)

The Mental Health (Discrimination) Act 2013 is a legislative measure in the UK aimed at removing outdated and discriminatory provisions related to mental health from existing laws. It represents a significant step towards ensuring that individuals with mental health conditions are treated fairly and without prejudice.

Purpose: The primary purpose of the Mental Health (Discrimination) Act 2013 is to eliminate discriminatory legislation that unfairly affects people with mental health conditions. The Act aims to promote equality and reduce the stigma associated with mental health issues, ensuring that individuals are not unjustly excluded from participating in public life.

Requirements:

1. Jury Service: The Act repeals the provision in the Juries Act 1974 that disqualifies individuals receiving mental health treatment from serving on a jury. This change ensures that people with mental health conditions are not automatically excluded from this civic duty.
2. Company Directorship: The Act amends the Companies (Model Articles) Regulations 2008 to remove provisions that allow for the automatic removal of a company director due to mental health reasons. This ensures that directors are not unfairly dismissed solely based on their mental health status.
3. Members of Parliament: The Act repeals provisions in the Mental Health Act 1983 and the Representation of the People Act 1983 that disqualify individuals from being Members of Parliament (MPs) or holding other elected positions due to mental health conditions. This promotes equal opportunities for those with mental health issues to participate in politics and public service.

Applicability: The Mental Health (Discrimination) Act 2013 applies to various sectors, including the judiciary, corporate governance, and public service. It impacts individuals who have mental health conditions and ensures their right to participate fully in civic duties, corporate roles, and political positions without facing discrimination based on their mental health status.

By removing these discriminatory provisions, the Mental Health (Discrimination) Act 2013 advances the cause of mental health equality, promoting a more inclusive society where individuals with mental health conditions have the same opportunities as everyone else.

The Mental Health (Discrimination) Act 2013 primarily focuses on removing discriminatory provisions related to mental health from existing legislation rather than imposing new evidence requirements. However, understanding the context and implications of the Act involves recognizing the changes it introduced and the importance of demonstrating compliance with non-discriminatory practices in relevant sectors.

Key Considerations Related to Evidence Requirements:

1. Jury Service: The repeal of the disqualification for jury service based on mental health treatment means that court systems no longer need to collect or verify evidence of an individual’s mental health status for the purpose of disqualification. This ensures that mental health status is not a barrier to civic participation.
2. Company Directorship: Companies must update their practices to reflect that mental health is no longer a valid reason for the automatic removal of a director. This implies that any decisions regarding the fitness of a director must be based on their ability to perform their duties rather than their mental health status. Documentation should focus on performance-related criteria rather than health conditions.
3. Members of Parliament and Elected Positions: The removal of disqualification provisions for MPs and other elected officials based on mental health conditions means that electoral bodies and political institutions should not require evidence of mental health status for eligibility purposes. Instead, they should focus on the qualifications and performance of candidates and officials.

General Compliance Practices:

• Policy Updates: Organizations, including companies and public institutions, should update their policies and procedures to reflect the non-discriminatory stance of the Act. This includes ensuring that any references to mental health as a criterion for disqualification or removal are removed.
• Training and Awareness: Providing training for HR personnel, managers, and relevant staff on the implications of the Act and the importance of non-discrimination based on mental health conditions.
• Documentation Standards: Maintaining documentation that supports fair and non-discriminatory practices, focusing on performance and conduct rather than health status. This includes keeping records of decisions made about jury service eligibility, company directorship, and candidacy for elected positions based on merit and capability.

By ensuring that mental health is not a basis for discrimination in these areas, the Mental Health (Discrimination) Act 2013 promotes equality and supports the inclusion of individuals with mental health conditions in various aspects of public and professional life.