If an employee has any health issues which are affecting their employment, then all managers need to ensure that they are able to identify and understand those employees who may be struggling. This is to ensure that they are fulfilling their legal obligations and their duty of care towards those employees. This may require seeking expert medical advice by requesting an occupational health report and then following the recommendations for any reasonable adjustments.
Discrimination
In the case of Aylott v BPP University Limited the employee suffered discrimination due to being treated unfairly; the employer had failed to accommodate their mental health by not making an OH referral despite having received a request from the employee. Furthermore, instead of offering the employee extended contractual sick pay, she was offered a settlement agreement and then subsequently re-engaged as a contractor. The reason for this is because they believed that although the employee was off with stress, these feelings of stress were only her perception.
The claimant was successful in their claim for constructive dismissal and two claims for discrimination arising from disability. However, the case is awaiting an appeal at EAT.
Similarly, a NatWest employee who suffered from depression and psychosis was not supported with occupational therapy, her workstation was not adjusted according to her needs and she was made to work at the counter against her wishes. Her colleagues made her feel like a hindrance when she was left disabled after being run over on her first day at work with NatWest; she won a record discrimination pay out of £4.7 million.
Employers need to be mindful and ensure that they have looked at the bigger picture and explored all the potential claims that an employee may raise for any unfair discrimination.
If there are concerns for the well-being of your employee, it is always advisable to seek their consent for a medical OH and then to follow through with the recommendations provided. If you have any cases that you would like professional advice on, then contact our help line on 01455 852 028.
