When mental health becomes a disability: managing the legal risk

About this event

Disability law is broader than ever as more mental health cases create employer liability under the Equality Act 2010.

As the scope of disability under the Equality Act 2010 continues to expand, employers are increasingly facing claims linked to mental health conditions. This session will explore how the definition of disability is being interpreted in practice and what that means for employment lawyers and people professionals. We will be joined by two expterts from Thompson Smith and Puxon.

Key topics include:

• Understanding the legal definition of disability
• When mental health conditions qualify as a disability
• The role and weight of medical evidence
• Practical and tactical considerations for managing cases

About the speakers

Jolyon Berry

I have over 25 years of experience as an employment lawyer. I joined the firm in 2019 to lead the Employment Team since when I’ve been dedicated to enhancing the service it provides our clients with a focus on providing commercially driven data that fits the needs of the businesses with whom we work.

I assist employers with the management of risk. This includes helping with the management of staff performance and change while avoiding conflicts and legal disputes. I regularly deliver in-house training to managers to equip them better for dealing with likely scenarios and to provide them with invaluable information and the confidence to respond to every eventuality.

While my primary goal is to avoid conflict and reduce risk, I have extensive experience of High Court, Employment Appeal Tribunal and Employment Tribunal litigation should it be necessary to engage in litigation. The Employment Team also works with individuals who need legal support. We advise clients who have been offered settlement agreements, we can negotiate the terms on their be halves. We also act for clients in the protection rights arising from complex issues including discrimination, whistleblowing, contractual disputes (especially in the context of post termination restrictions) etc.

Marie Allen

I qualified as a Solicitor in 2003, joining Thompson Smith and Puxon’s Employment team in December 2024. I am a Senior Associate Solicitor with over 20 years of experience in employment law. I advise employers and individuals on a wide range of workplace issues, including flexible working, sickness absence, redundancy and employee performance.

I work closely with people professionals, corporate clients, public sector bodies, and senior executives, offering practical, tailored solutions. I also have extensive experience drafting and reviewing contracts, policies and settlement agreements, as well as guiding employees on grievances, appeals, and contractual matters like restrictive covenants. My focus is delivering clear, effective advice to resolve workplace challenges efficiently.

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