£400k for failing to make reasonable adjustments for stress

A 55 year old branch manager has been awarded £390,870 by an Employment Tribunal against building merchants Jewson Ltd.

Mr Jones had worked for Jewson for 22 years when he had a severe stroke and took five months sick leave to recover.

Prior to his illness he had been averaging over 60 hours working time per week, was not taking his full entitlement of holidays and was consistently carrying over a considerable proportion of untaken holiday each year.

His GP advised that on returning to work he needed to avoid stress. His employers decide there was no role in the organisation that was without stress and he was dismissed on grounds of incapacity under the Employment Rights Act.

However they had failed to consider any reasonable adjustment. Jewson were complacent in accepting that its existing working practices of long hours was necessary. The Tribunal found that some reallocation of duties and additional managerial support could have created a less stressful environment.

This note from Jackson Osborne, Mr Jones' lawyers, had the following warning:

'Jewson assumed that Mr Jones’ condition was so severe that his health was at risk if he returned to work in any role.  Jewson assumed its working practices were necessary for an efficient business.  The golden rule is: never assume.  It is nearly always worthwhile to take time to challenge your assumptions, to look at matters from a different perspective.'

The Tribunal found that the dismissal was unfair and amounted to disability discrimination by reason of failure to make reasonable adjustments.

The award is believed to be the third highest of its kind in British history.