When looking for work:

Employers should not normally ask you about your mental health at the application stage.  If they do you can report this to the Equality Advice and Support service by filling out the form on their site -  Report pre-employment questions.

At the interview Stage:

If you are asked about your mental health at an interview and then don't get a job offer you may want to consider challenging the decision and the employer will have to prove that the decision was not based on your mental health disclosure.  More information can be found at the ACAS site - ACAS.

When can an employer ask about your mental health:

  • To ask if you need any reasonable adjustments to enable you to attend the interview or take part in an assessment process.
  • To track diversity information.
  • To check you can do the core tasks - but they must consider whether these tasks could be done with reasonable adjustments.
  • To assess you for national security reasons.

After the offer is made:

Many employers ask successful candidates to complete a health questionnaire.  If the employer thinks that your responses raises concerns about whether your mental health may affect your ability to do the job, they should seek more information from your doctor.

If the job offer is withdrawn without further assessment or information this may be classed as discrimination.  Again ACAS will be able to offer more information and advice - ACAS