STRESS - 02.07.2020

£4.7 million stress claim

RBS has been ordered to pay out an eye-watering sum in compensation to a former employee of its subsidiary, NatWest, after she won her appeal for damages. What led to the claim?

Unfortunate events

The woman, known in court as AB, had had a very bad start to her employment. On what was due to be her first day of work for NatWest bank in 2008 she was run over by a car. Two months later AB recovered sufficiently to go to work, but her left leg was in a brace and she needed to use crutches. Her leg never fully recovered, causing pain and mobility problems. Despite this, and the bank being such a well-resourced employer, no adjustments were made to her workstation. She struggled to sit at the counter, but nevertheless was instructed to do so. She was also shouted at by colleagues and it was implied that she was worthless. In court, five instances of derogatory language against her were upheld.

Demoted

When working at a branch in East London she was pressured into agreeing a demotion. In the discussions which preceded this, the deputy manager referred to her “limping around the branch” which she took to mean that her disability was instrumental in the loss of status. A few months later she applied for a transfer but was turned down because of doubts that she would be able to perform her job as a result of her disability.

Ingrained

In 2014, after six years of what she perceived as a trail of humiliating treatment, AB resigned from the bank. She was diagnosed with severe depression and psychosis and now requires 24-hour psychiatric care. In November 2019 an employment tribunal found that she should have had protection under the Equality Act 2010 and had been unfairly dismissed. RBS was ordered to pay the record sum of £4,670,535 in compensation as a result of the finding that disability discrimination had contributed to AB’s mental illness. The banking group appealed against the decision, claiming that AB’s mental health condition was caused by other factors, including her road accident. However, the Employment Appeal Tribunal disagreed.

Protected disability

The main mistake made by the employer was in not formally recognising AB’s protected characteristic, i.e. her disability, and ensuring that all those who worked with her treated her fairly. Discriminatory language should have been stamped on immediately by management. Much greater efforts should have been made to recognise the physical difficulties AB faced in the workplace.

Tip. Where an employee has a long-term health condition or disability, undertake a risk assessment of their work and workplace to ensure that they are not disadvantaged. In many instances you’ll find it helpful for an occupational health advisor to carry out a one-to-one assessment.

Tip. Do what you can to limit any pain and discomfort the employee may experience in carrying out their day-to-day tasks. Your risk assessment (or your advisor’s report) should help you to determine what is required, whether it’s a special seat, more breaks, a narrower range of work relative to colleagues.

Warning. As shown in this case, if a disability is ignored or, worse still, is linked with unfair treatment, it can escalate into mental health issues and allegations against the employer. Always take HR advice alongside health advice to ensure you’re doing what’s right.

The employee proved that the lack of recognition by managers of her disability had led to ill treatment and severe mental health problems. If an employee has a disability, undertake a risk assessment and implement any adjustments required.

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