| W.E.U Admin | Workplace Wellbeing
By Stephen Simpson on 29 April 2016
An employment tribunal has held that it was discrimination arising from disability for an employee with mental health problems to be dismissed without a proper examination of the reasons for his erratic behaviour.
Dismissal for behaviour arising from disability was discrimination
In Nally v Freshfield Care Ltd, the employment tribunal held that the employer discriminated against an employee when it dismissed him because of behaviour arising from his disability.
Employee’s erratic behaviour: tribunal’s view in this case
“The claimant was dismissed for two incidents where he appeared to lose his temper, be rude or difficult… the claimant had behaved uncharacteristically…
“The respondent should have known from their own knowledge someone suffering from PTSD or anxiety could behave in this way… he was indicating a connection between his behaviour and his condition…
“At the date of making the decision to dismiss it was plain that the respondent needed further medical evidence.”
Case background
About 18 months into his employment, care worker Mr Nally told a resident with dementia to “shut up.” He informed the deputy manager that he had post-traumatic stress disorder (PTSD), was experiencing anxiety issues and was receiving counselling.
The deputy manager noted that Mr Nally would be monitored for two weeks and that a medical report could be obtained. Although the claimant provided his doctor’s details, the employer did not obtain a medical report.
Two weeks later, following an argument with another worker, Mr Nally was dismissed. He subsequently brought a claim for discrimination arising from disability under the Equality Act 2010. While other disability claims were rejected, his claim for discrimination arising from disability was upheld.
Tribunal findings and practical considerations
The tribunal determined that the employer had been aware the employee’s behaviour could have been the result of his condition. It found that Mr Nally was treated unfavourably because of his behaviour, which arose out of his disability, and concluded that the dismissal could not be objectively justified.
The tribunal noted that the employer could have postponed the dismissal decision and considered alternative measures, such as suspension or demotion, until a medical report was obtained and an informed decision made.
Read more details of the case and practical tips in light of the judgment…
Related articles
- Discrimination Arising from Disability: A Guide
- PTSD and Anxiety in the Workplace
- Handling Erratic Behaviour Due to Disability
workersofengland.co.uk | Independent Workers Trade Union
This Article is Tagged under:
Disability, Discrimination, Dismissal
