Failure To Address Workload Concerns May Amount To Breach Of Contract And Discrimination Claims

• Published date: 07 July 2020
• Subject Matter: Employment and HR, Contract of Employment, Discrimination, Disability & Sexual Harassment, Unfair/ Wrongful Dismissal
• Law Firm: Veale Wasbrough Vizards
• Author: Ms Joanne Oliver

The Employment Tribunal held that a sequence of failings by the employer relating to workload and mental health, when viewed cumulatively, amounted to a fundamental breach of the employee's employment contract and discrimination arising from disability.

Aylott v BPP University

Mrs Aylott was employed as a lecturer by BPP University from 2013 until her resignation in 2019. During the course of her employment, Aylott applied for a senior role and as part of a health declaration informed her employer that she suffered from anxiety, depression and chronic back pain. She also suffered from Autistic Spectrum Disorder (ASM) which remained undiagnosed until after her resignation.

The University was aware that Aylott was experiencing some significant challenges in her personal life. Her husband passed away suddenly and her teenage son was diagnosed with myalgic encephalomyelitis. However, there was a 'long hours' culture amongst the management team and Aylott worked in excess of 60 hours per week, including weekends and evenings. In early 2018, she advised her line manager that she was experiencing symptoms of anxiety and was taking antidepressants. She cancelled holiday to accommodate the leave of a colleague and by September 2018 she was described as 'manic' and 'frazzled'.

At this time, a complaint was made by another department that Aylott was pushing back on requests made of her, citing the pressures of her workload, and that the tone of some of her responses had become abrupt. She was distressed by the complaint and its handling. She confided in her line manager that she was not coping and was self-medicating with alcohol. She provided a medical certificate to work reduced hours and although that it was widely acknowledged by her managers that she was struggling and that her health was suffering, no steps were taken to refer her to occupational health despite her request.

As a result of low mood, Aylott was signed off work by her GP in late 2018. Following the expiry of her entitlement to 15 days contractual sick pay, the University did not exercise its discretion to provide any further sick pay, even though it has provided discretionary sick pay to other employees in the past. She raised a grievance in relation to workload and treatment. She claimed that she was being treated less favourably because of her mental health conditions which amounted to a disability. At the grievance meeting, there was no real attempt to address her concerns and she was offered...