Posted: Friday, 4 January 2019 @ 13:43
In my capacity as a lawyer and mediator, I am coming across a greater number of workers who are depressed(often taking anti-depressants) and alleging unfair dismissal and discrimination against organisations.
There seem to be four reasons for this shift, namely:
1 Greater willingness of individuals to sue. I do not think we are as bad as America but clearly we are within a culture where individuals are more likely to assert their rights.
2. A higher level of knowledge about depression, and mental health issues being less of a stigma.
3. The legislation and case law giving greater ability to make a claim.
4. Widespread ignorance of the law by employers of individuals.
Recently as an employment lawyer, I was instructed by a worker who was not employed but was dismissed as an agency worker. e.g she had no qualifying service.
When she disclosed to her organisation that she was depressed the organisation was unsympathetic and sacked her when she was too ill to come into work. The problem for the organisation is that they are breach of the Equality Act meaning that discrimination has taken place and for the purposes of the legislation, she can sue. What is striking is that the organisation and the agency were really ignorant about the law.
Some useful guidance on the Equality Act is here:
http://odi.dwp.gov.uk/docs/wor/new/ea-guide.pdf
Watch this space; the issue of the depressed litigant is going to grow and grow.
Justin Patten, Consultant Solicitor and Mediator