Maria Eagle, minister of state for defence, referred to the review during in the House of Commons last Wednesday (14 May 2025), adding that the defence secretary “has already announced several changes to prior outdated approaches”.
Eagle confirmed that a single episode of depression – if it lasted less than two years or the candidate was symptom-free for at least a year, or if the severe episode was at least two years ago – would not forestall being recruited.
For other organisations though, employment lawyer Niamh Hogg, who works for the law firm Freeths, explained that Section 60 of the Equality Act 2010 requires that recruiters do not ask about a candidate’s mental health during recruitment.
Hogg explained that there are specific exceptions, such as when the hiring business needs to make reasonable adjustments or assess the ability to perform essential job functions.
She told HR magazine: “For most roles, especially in civilian sectors, questions about mental health history are unlikely to be relevant, and should generally be avoided.
Read more: The cost of neglecting mental health in the workplace
“This recent policy change by the MoD shows that, even for roles with specific psychological demands, any health-related inquiries should only be made when necessary, proportionate and legally justified.”
Auria Heanley, cofounder of recruitment agency Oriel Partners, added that the MoD move should showcase to employers that past experience of depression shouldn’t be allowed to define future performance.
She said: “It reflects a broader shift in how we view mental health in the workplace and in candidate assessment, where mandatory disclosure can deter talented individuals and unintentionally reinforce stigma.
"Instead, recruitment should focus on creating a psychologically safe, supportive process where wellbeing is prioritised from the start.”
Heanley added that for organisations to take this approach successfully, it means training hiring managers, being open about mental health support, and ensuring that the process is fair and inclusive.
Read more: Creating confidence, not concern: How to create thriving MHFAider communities
Amanda Arrowsmith, the CIPD’s people and transformation director, pointed out that even if recruiters ask about a candidate’s mental health conditions during hiring, disclosure can’t be guaranteed.
She said: “Job applicants may be reluctant to disclose mental health conditions because of misunderstandings or prejudice around poor mental health.”
Arrowsmith reemphasised that any hiring process should be about finding the most suitable candidate based on competence and skills needed.
She added: “Poor mental health doesn’t equal poor performance, so it’s important that employers don’t discriminate against people because of unjustified assumptions.”
Arrowsmith continued that reasonable adjustments during recruitment, if there is a disclosure, might help the candidate: “By providing this support, [employers] can help people to stay in, and thrive at, work.”
