Anxiety and depression contributed to unfair dismissal
- Date: Wednesday 18th December 2019
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In a recent case of allegations of unfair dismissal, a gardener who lost his driving licence following a drink-driving conviction was able to successfully sue his employer.
The courts ruled that, while the loss of his license clearly had an impact on his work (which required him to have a full license), the employer didn’t sufficiently consider reasonable adjustments in regard to his underlying mental health conditions.
What to do?
It is important to review each case individually and to not jump into making decisions based on a criminal conviction.
In cases like this one, alternative options of employment should have been explored before considering dismissal.
The definition of a disability under the Equality Act 2010 is ‘any long term or permanent condition, affecting an individual’s ability to go about their day to day activities’. If this definition applies, alternative options must be considered.