I was delighted to help my client in their claims for constructive unfair dismissal and disability discrimination against their former employer in the Employment Tribunal. Read on for more information about my client’s story.
My Client’s Story
My client had a long and successful career as a journalist. Their job with a multimedia organisation was busy and pressurised. As time went on their responsibilities and the number of hours they worked each week increased and became unmanageable. My client suffered a complete mental and physical breakdown. Initial recovery took several months and they were left with anxiety, depression and high blood pressure. My client was however keen to return to work and a plan was put in place, with medical advice/support for a phased return and a recommendation that their employer should ensure that workload was manageable going forward. Unfortunately, my client was not adequately supported and continued to struggle with both their mental and physical health. Over the following months, several matters compounded to trigger a further breakdown including staffing and IT issues and an imposed change in job duties which increased their workload even further.
How I Helped
I had an initial consultation with my client during their sickness absence. We initially discussed putting forward a formal grievance but following a couple of further incidents during my client’s sickness absence, they realised that it would be impossible for them to return to work and I drafted their resignation letter. I explained to my client that they had potential claims against their former employer and could pursue those further, if they wanted to do so. My client decided that they did want to take the matter further, with my support. We tried to seek a resolution through the ACAS Early Conciliation process but that failed. I therefore issued a claim in the Employment Tribunal for constructive unfair dismissal on the basis that the employer had failed to take reasonable care of my client’s health and safety, failed to provide reasonable support to enable the proper performance of their duties and had damaged the relationship of trust and confidence. I also made a claim for disability discrimination on the basis that the employer had failed to make reasonable adjustments including consulting with my client in relation to changes to their role and responsibilities and providing training and other support.
Throughout the employment tribunal process my client continued to suffer significantly with their mental health. They were extremely anxious about attending the employment tribunal hearing but equally were determined to continue because they felt so strongly that they had been badly treated by their employer. In the end, the tribunal hearing was avoided because a settlement was reached which my client was happy with.
Client Review
My client said “Once again, a massive thanks for all you have done, not least the patience and understanding you have shown throughout. We could not have done it without your advice, help and support”.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: constructive unfair dismissal disability discrimination employment solicitors kathryn bolton lincs law employment solicitors reasonable adjustments