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When Mental Health Meets the Workplace: Lessons from a Landmark Discrimination Ruling
- Adrian Thomas
- Aug 4
- 7 min read
Updated: Aug 8
The recent tribunal ruling in Khorram v Capgemini UK Plc offers a sobering reminder that good intentions aren't enough when it comes to supporting employees with mental health conditions. While this case centered on ADHD, it raises critical questions about how organisations would handle similar situations involving diagnosed mental health conditions like depression, anxiety disorders, or bipolar disorder.
But beyond the legal implications, this case highlights a deeper truth that our Mental Health First Aiders know all too well: the gap between policy and practice can be devastating for employees who need support most.
The Reality Check: What Really Happened
Bahar Khorram, a senior IT executive earning £120,000 annually, found herself in an impossible situation. Despite her employer's apparent willingness to help after she disclosed her ADHD diagnosis, the support never materialised. The workplace needs assessment gathered dust, training recommendations were ignored, and coaching sessions were cancelled after just one session.
The tribunal's verdict was clear: Capgemini had failed in their duty to make reasonable adjustments, placing Khorram at a "substantial disadvantage" and essentially "setting her up to fail."
This scenario isn't unique. As Maria, one of our Mental Health First Aiders, observed: "It became quite obvious how many people do struggle, and you know we don't often realise, and you wouldn't know looking at the people that they are struggling."
The Mental Health Parallel: A Hypothetical Scenario
Now imagine if instead of ADHD, Khorram had disclosed a diagnosis of clinical depression or generalised anxiety disorder. The parallels are striking and the implications equally significant.
Consider Sarah (fictional), a marketing manager diagnosed with major depressive disorder. Like Khorram, Sarah might struggle with:
Concentration and focus during busy periods
Managing multiple competing priorities when experiencing depressive episodes
Meeting tight deadlines during periods of low energy or motivation
Processing feedback constructively when already feeling vulnerable
Spencer, an MHFAider who recognised his own mental health struggles through training, describes this experience perfectly: "I think the training was crucial in me recognising [my mental health struggles] because then I actually realised that it's probably been going back a lot further than that."
A workplace needs assessment might recommend:
Mental health awareness training for her team
Flexible deadlines during difficult periods
Regular check-ins with her manager
Access to employee assistance programs
Adjustments to workload during treatment periods
Or take James (fictional), a finance director with bipolar disorder. His challenges might include:
Managing stress during manic episodes that could affect judgment
Maintaining consistent performance during depressive phases
Navigating workplace relationships when mood fluctuations occur
Balancing medication side effects with work demands
The same pattern emerges: without proper understanding and support from colleagues and management, even the most capable professionals can find themselves struggling unnecessarily.
The Training Gap: More Than Just Awareness
The Capgemini case highlights a crucial point that applies across all mental health conditions: awareness training isn't just nice-to-have—it's essential for creating genuinely inclusive workplaces.
This isn't theoretical. Maria, a Mental Health First Aider, experienced this first-hand when a colleague reached out with suicidal thoughts. Without her training, she admits:
"I don't think I would actually even be able to commit to having that conversation with someone before training because I would feel like I'm not kind of [able]... That I haven't got any of the skills or any knowledge to be able to talk to somebody who's in that position."
The training transformed her confidence:
"It's made a huge difference I think and has had a huge impact on my confidence."
Consider the impact if Sarah's colleagues understood that:
Depression isn't a choice or character flaw
Symptoms can fluctuate unpredictably
Small adjustments can make enormous differences
Supporting a colleague doesn't mean lowering standards
Or if James's team knew that:
Bipolar disorder affects millions of successful professionals
Early intervention during mood changes can prevent larger issues
Consistent, clear communication helps manage uncertainty
Recovery-focused approaches benefit everyone
As Gabi, an Inclusion and Diversity Officer who became an MHFAider, discovered: that mental health and inclusion aren't separate issues - they're deeply connected. The MHFA training helped them bridge these worlds and transform her council's approach. They have since used mental health conversations as a bridge to discussing diversity and inclusion more broadly.
The Business Case: Beyond Compliance
The tribunal found that training costs wouldn't have been a "prohibitive difficulty" for Capgemini. This economic reality applies equally to mental health training. The ROI is compelling:
Reduced absence rates: Mental health conditions account for significant workplace absence
Improved retention: Employees who feel supported are more likely to stay
Enhanced productivity: Teams that understand mental health work more effectively together
Legal protection: Proactive training reduces discrimination risk
Cultural benefits: Mental health awareness creates psychologically safer workplaces for everyone
The Manager's Dilemma: Support vs. Standards
One of the most challenging aspects of the Khorram case was balancing support with performance expectations. This dilemma becomes even more complex with mental health conditions, where symptoms can be invisible and fluctuating.
Teresa, an MHFAider who supported colleagues through organisational upheaval, learned that effective support doesn't require perfection:
"One of the biggest things I've noticed is how the training gave me confidence to not shy away from conversations just because they're uncomfortable. I might not always know the perfect thing to say, but I no longer feel paralysed by that fear."
The key lessons for managers:
Early intervention matters: Don't wait for a crisis to offer support
Flexibility doesn't mean lowering standards: Reasonable adjustments can maintain quality while improving accessibility
Communication is crucial: Regular, honest conversations prevent misunderstandings
Training is essential: Managers need skills to support team members effectively
Documentation protects everyone: Clear records of adjustments and expectations benefit all parties
As Gabi notes: "Sometimes just learning what some people need is that they just need to be listened to... They might not necessarily want advice, but I can give that out if they need it."
The Power of Authentic Connection
What emerges from both the tribunal case and our MHFAiders' experiences is the critical importance of authentic, skilled support. The Capgemini case failed because support remained theoretical - policies without practice, assessments without action.
In contrast, our MHFAiders demonstrate what genuine support looks like:
Maria saved a colleague's life by having the confidence to engage with someone experiencing suicidal thoughts, then provided ongoing support through regular check-ins.
Teresa discovered that support often comes through "quiet, persistent presence. About listening when someone needed to vent. About spotting subtle shifts in a colleague's behaviour and gently asking, 'Are you okay, really?'"
Looking Forward: Building Mental Health-Inclusive Workplaces
The Capgemini ruling should serve as a wake-up call for organisations across all sectors. Whether dealing with ADHD, depression, anxiety, bipolar disorder, or other mental health conditions, the principles remain consistent:
Immediate Actions:
Audit current mental health support policies
Invest in comprehensive mental health training for all staff
Establish clear processes for requesting and implementing adjustments
Train managers in supportive leadership techniques
Create mental health champion or first aider programs
Long-term Strategy:
Embed mental health considerations into all HR processes
Regular review and update of support mechanisms
Measure and monitor mental health outcomes
Share success stories to reduce stigma
Partner with mental health organisations for ongoing support
As Spencer advocates: "100% just do it. I mean I would like for it to be mandatory for every company because then you know there can never be enough people that know about the pitfalls and what to look out for and I think only good can come from it."
The Human Cost of Inaction
Behind every tribunal case is a human story. Khorram's experience—feeling unsupported, misunderstood, and ultimately dismissed—represents a failure that extends far beyond legal compliance. It's about dignity, respect, and recognizing that mental health conditions are simply part of human diversity.
Our MHFAiders understand this deeply. As Gabi explains:
"Everybody has mental health, everybody has wellbeing, whatever position it's in, and it fluctuates throughout our lives. And there are going to be times where someone needs help and they don't know how to ask for help. And if you can be that person that sort of helps them navigate that conversation, because you've got that training behind you, then you should."
The Ripple Effect of Proper Support
When organisations get mental health support right, the impact extends far beyond individual cases. Spencer created a WhatsApp group for men in his local area that now has 62 members providing daily peer support. Maria has become an advocate for manager training throughout her organization. Jan uses the Hub of Hope app to signpost people to local mental health resources.
These aren't just feel-good stories - they represent the cultural transformation that happens when people are equipped with proper mental health skills and confidence to use them.
The Path Forward
The Khorram case offers a roadmap for organizations serious about mental health inclusion. It's not enough to have policies on paper or express good intentions.
Real change requires:
Investment in proper training and support systems
Leadership that prioritizes mental health inclusion
Culture that sees mental health as integral to workplace wellbeing
Action that matches rhetoric with reality
The choice is clear: organisations can either learn from cases like Khorram's and proactively build inclusive environments, or they can wait for their own tribunal hearing to force the issue.
For the millions of professionals managing mental health conditions while building successful careers, the stakes couldn't be higher. The question isn't whether your organisation will encounter these situations—it's whether you'll be ready to handle them with the dignity, understanding, and support that every employee deserves.
As Teresa reflects: "What's been most valuable for me personally is that the training has stayed with me even when I've been going through my own storms. It gave me a framework to hold onto when things felt overwhelming, and sometimes, that's been as much for myself as for others."
The time for half-measures and good intentions has passed. Mental health inclusion isn't just the right thing to do—it's a business imperative, a legal requirement, and a human necessity. Our Mental Health First Aiders prove every day that with proper training, authentic support, and genuine commitment, we can create workplaces where everyone has the opportunity to thrive.
If you're inspired by these stories and want to build genuine mental health support in your organisation, consider investing in Mental Health First Aid training. As our MHFAiders* demonstrate, the impact extends far beyond individual conversations - it transforms cultures, saves lives, and creates the inclusive workplaces we all deserve.
contact us today: adrian@rypwellbeing.co.uk
*Each of the MHFAiders mentioned in this article are real people reflection on their journeys, if you want to fins out more about how any of them have found the role of being a MHFAider, let us know and we will send you their story document.
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