Fundamental Dishonesty In Stress At Work Claims

In what was a remarkable result, a discontinuance on a claim for workplace stress, bullying and harassment has been secured, two days before the start of a four day trial, despite liability having been admitted. Steven Conway examines the case in the following KeyNote.

Background

The claimant was employed by the defendant local authority as a housing officer. She alleged that she had been subjected to stress at work as a result of bullying and harassment by her managers. Internal grievances against her managers were upheld. The claimant was absent from work with depression and despite a period when she was seemingly rehabilitated back to work further events triggered a relapse in her condition and her employment was eventually terminated.

Following notification of the claim a decision was made by the council with its insurers to admit liability. However the claim was not settled as suspicions had been raised that the claimant's medical condition might not be all that she claimed.

Suspicions

The claimant continued to be signed off work with depression by her GP however a post on the social media platform YouTube showed the claimant in a video recorded as part of a television presenter training course the claimant had attended, which appeared to be inconsistent with the claimant's assertion that she continued to suffer from depression, to the extent that she could not leave her house or engage in social activities.

Proceedings

The claimant issued proceedings in which she claimed, supported by her own medical evidence, that she remained unable to return to work due to her ongoing depression and that she would not be able to return to gainful employment for the foreseeable future and not without extensive psychological treatment.

Investigations

Following the issue of proceedings medical evidence was obtained by the defence which suggested that the claimant had indeed suffered from depression for a number of years, but that this had decreased in severity and that by the time her employment was terminated she was capable of work. On the defendant's own medical evidence, the claimant would therefore recover damages.

However, no offers were made, as in the meantime further investigations showed that in the month after the claimant's employment was terminated she set up a website promoting herself a model and joined a number of modelling and media agencies.

Photographs were obtained which showed the claimant attending photoshoots, which appeared to...