If you have a mental health condition such as depression, anxiety or bi-polar disorder, you may not feel you want to tell current or prospective employers. When mental health charity Rethink surveyed 3,000 mental health service users, half the respondents said they felt they had to hide their health problems and 41% were put off applying for jobs in the first place.

But it doesn't have to be like that. Good employers realise that a staff member who has experienced mental illness such as depression can be an asset. They often have a better understanding of their own strengths and weaknesses and can help and support other members of staff with similar problems. And new legislation currently going through the House of Lords means you won't have to answer questions about your health before being offered a job.

Positive employers

Some employers go out of their way to show their commitment to equal opportunities. For example, over 590 organisations have signed up to the Mindful Employer Charter for Employers who are Positive About Mental Health. Jobcentre Plus awards the 'two ticks' symbol to companies in England, Scotland and Wales who have shown they are positive about employing disabled people, which applies to some mental health conditions, and committed to supporting their needs in the workplace.

"This doesn't mean employers who aren't involved in the scheme can't be supportive," says Emma Mamo, senior policy and campaigns officer at mental health charity Mind. "The important thing to remember is that having experience of mental distress does not mean you can't have a successful career. Many high achievers have a mental health problem so if you're a career-driven person, don't let it stop you from pursuing your chosen path."

Support in the workplace

"One in four people experience a mental health problem in any one year, so it's by no means rare to develop a problem while you are at work," says Emma. "Telling your employer what you are going through can help them to support you through tough times. Employers will often work with individuals to make adjustments that are mutually beneficial, for example support managing your workload, working from home, or even small things like changing where your desk is."

"If you qualify for protection under the Disability Discrimination Act, your employer should make reasonable adjustments to support you in the workplace. This could include relaxing absence rules and limits, or allowing you to work flexi hours to make up the time."

The legal situation

• An amendment to the Equality Bill bans employers from asking applicants about their health until after a job offer has been made. Under this legislation, you can choose to tell a prospective employer that you have a mental health condition, for example if they are part of the 'two ticks' scheme, but they can't ask about it at the application or interview stage.
• Information about your mental health is considered to be 'sensitive personal data' under data protection legislation. Employers should ensure only appropriate access is given to any information they hold about your mental health.
• The main body of legislation concerning unfair treatment in the workplace is the Disability Discrimination Act 1995, which covers mental illness and related problems. Your employer has a duty to ensure the health, safety, and welfare of their employees, and must not discriminate against mentally ill/disabled staff or applicants (provided they employ more than 15 people). If you're worried about your rights or feel you're experiencing discrimination, you can get advice from your local Citizens Advice Bureau, your trade union if you belong to one and charities such as Mind.
• If you think you have been unfairly dismissed, you can take your employer to a tribunal, but you must act quickly as there's a three-month time limit.

Updated: 23/03/2011