Are you overworked to the extent that it’s affecting your mental health? Here’s a story about one employee who experience that situation, and how she won her case for constructive unfair dismissal.
Case study
In 2013, Elizabeth Aylott joined BPP University in London as a lecturer.
At the time, she informed the organisation that she had been taking antidepressants since the death of her husband. Later, her son was diagnosed with myalgic encephalomyelitis, and she repeated her mental health concerns. She also mentioned that she suspected she had Asperger’s Syndrome. (Elizabeth suffered from anxiety and depression, and was subsequently diagnosed with Autism Spectrum Disorder.)
By summer 2018, Elizabeth was working 55-60 hours per week at the university, and cancelled a period of annual leave in order to meet work demands.
She repeatedly raised issues about her workload and her problems coping with it. She told her manager she was regularly drinking excessively in the evenings to help cope with work pressure, and said she’d had suicidal thoughts.
By autumn 2018, Elizabeth’s mental health had deteriorated so much that she was signed off with stress.
Her employer didn’t offer her more than 15 days of paid sick leave or a phased return to work. What’s more, a colleague had described her as “mad as a box of frogs”.
In spring 2019, she left the organisation and lodged a claim for constructive unfair dismissal and disability discrimination.
What happened
The Central London Employment Tribunal dismissed Elizabeth’s disability discrimination claim, but upheld her claim for constructive unfair dismissal.
This is where the university went wrong:
- Breached Elizabeth’s trust and confidence with regard to the comment “mad as a box of frogs”
- Failed to heed indications that she was not coping
- Failed to reduce her workload or provide Elizabeth with additional resources and support
- Failed to refer her to occupational health as she’d requested (instead, they attempted to reach a settlement agreement with her)
- Failed to pay non-contractual sick pay after 15 days
- Conducted a “superficial” grievance investigation that contained inaccuracies
- Failed to address all Elizabeth’s arguments in her appeal against the investigation’s outcome (this is what amounted to the “last straw” for her)
The tribunal is due to make a compensation order at a hearing in July. It is reported that BPP University plan to appeal the decision.
What this means to you
If you are struggling with your mental health, and your employer fails to reduce your workload, you may be able to make a claim against them and be granted compensation.
Note that winning your case is not just about what happened, it’s also about how your employer handles your complaint. If they don’t follow the proper process, you have a better chance of winning your case.
Further reading
If you found this information useful, you might also like to read our other articles on the subject:
- Can I claim for constructive dismissal if I resign?
- What constitutes unfair dismissal?
- Who can claim for unfair dismissal?
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