Issues

employee’s medical condition. The ruling found the director’s comments trivialised the depression of the employee, an optical assistant.

The worker had received formal and informal warnings for failing to comply with the employer’s notification procedure, lateness and a dispensing error.

The director went on to say that “everyone gets depressed sometimes, you just have to pull yourself together”. He also told the employee, who said she was struggling with depression, that he had no time for “this kind of thing”.

The employee resigned after it was suggested she might be dismissed.

She then brought successful claims disability discrimination.

In the employment tribunal, the director was found to have discriminated based on disability under the Equality Act 2010.

The case throws up not only the dangers of dealing with mental health in the workplace but awareness of disabilities among employees, says for Alan Matthew, employment Miller Hendry.

He said: “Incidents of stress-related illness at work have been steadily climbing in recent years.

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