Worker who attempted suicide when fired wins £50,000
A health and safety worker who attempted suicide after he was fired has won £50,000 in compensation for discrimination and unfair dismissal.
According to the Daily Mail, Dane Rowe, 41, who worked for British food producers David Wood Baking, had suffered with mental health problems for 20 years. He had worked for the firm for two years when his mental health deteriorated in March 2020. He was then off sick across April, May and June in 2020 with severe depression, to the extent that he was unable to attend ‘wellness' meetings at work.
He told managers:
“I'm really struggling mentally at the moment and [have] spent most days isolated and alone in my flat as I have been experiencing massive panic attacks when I try to go out. To be honest, I'm not well and I'm not coping. I'm struggling to find a reason to get out of bed each day and suicide is a regular contemplation. I'm in regular contact with my GP but all they can do is keep increasing my dosage [of medication] which I'm not even sure is doing any good anyway. I just can't get my head straight but I'm really trying.”
Mr Rowe explained to managers that he was unable to attend the wellness meetings because his anxiety was “through the roof”, but he continued to provide sick notes.
Despite this, on 1 July Mr Rowe was dismissed without a disciplinary hearing for “continuous absence”, perceived sick note failings, his “inability to fulfil his contractual obligations”, and his failure to attend wellness meetings. He appealed the decision but in early August received a letter informing him the appeal had failed. The following day, Mr Rowe attempted suicide.
Chair of the Cardiff Employment Tribunal, Employment Judge Stephen Jenkins, said:
“We noted Mr Rowe attempted suicide in early August, a matter of days, possibly even only one day, after the receipt of the appeal outcome letter. It therefore appeared to us that the dismissal clearly had had an impact on him, and had exacerbated, potentially significantly, his health and ability to work. We noted and accepted Mr Rowe's evidence that, following his dismissal, he had felt in desperation, leading to thoughts of suicide, and that, when he knew that he was not going to go back to work having read the appeal letter, he 'spiralled into despair'.”
Judge Jenkins ruled Mr Rowe was unfairly dismissed and discriminated against on the grounds of disability as David Wood Foods failed to make reasonable adjustments.
A disabled person is entitled to ask for reasonable adjustments to their job or workplace to accommodate their disability. An adjustment is intended to level the playing field by removing a barrier to the job that is provided by the effect of their mental health problem. It is strongly advised that employers seek medical advice in order to assess the appropriate adjustments for each individual employee.
Examples of reasonable adjustments may include:
- Changing a person’s working pattern to enable them to start later or finish earlier because of the side effects of medication, or agreeing to them having set shifts so they can settle into a routine, or allowing them to travel the night before meetings and stay over to avoid early morning travel.
- Providing a person with a laptop, remote access software and permission to work at home on set days, or flexibly according to the severity of their symptoms (within a monthly limit).
- Excusing someone from attending work functions and client events involving food, instead allowing them to set up alternative networking arrangements that achieve similar business returns.
The Judge said:
“No investigation was undertaken in relation to the question of whether Mr Rowe had committed an act of misconduct. Had one been undertaken it would have been made clear he was suffering from ill health.”
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