The case of Hill v Lloyds Bank serves as a warning to employers.
Workplace Harassment
The facts of the case are the employee had long service with Lloyds Bank and suffered from depression which she alleged were caused by workplace harassment by two employees. In order to protect her mental health, she requested an undertaking from Lloyds Bank that she would not be required to work with these two named employees. She also requested a settlement agreement if at any time in the future she was required to work alongside the two named employees. The requested settlement would be the equivalent to a redundancy payment.
Lloyds felt they could not provide her with such an ongoing undertaking and would only try their best endeavours. They also refused to allow the redundancy payment if she was not eligible for a redundancy. The payment of an ‘automatic payment’ simply did not fit comfortably with the employer. The employee disappointed with the response from Lloyds Bank issued a claim in the Employment Tribunal on the grounds of disability discrimination.
Disability Discrimination
The claim was upheld in favour of the employee. It was appealed by Lloyds but was also upheld by the Employment Appeal Tribunal. The Employment Tribunal found that the refusal to provide an undertaking was an act of disability discrimination as the employee suffered a greater disadvantage compared to her colleagues who had no disabilities. The Employment Tribunal felt the provision of the undertaking would have been reasonable. The Employment Appeals Tribunal stated the reason for the requested adjustment was to allow her to continue in employment. The settlement would only be given if it became impossible for the employee to be separated from the two named employees she complained about. The continuing undertaking was deemed to be reasonable.
The case now requires employers to carefully assess cases based on the individual facts of the situation and medical evidence obtained from an occupational Health Service or General Practitioner.
If you find your self-dealing with a difficult situation as the above, please contact Quest on 01455852028 for advice and assistance in the matter. Advice taken early can help avoid a complex dispute between employer and employee and result in a better working relationship.
