BAE Systems sacked worker after ignoring mental health

A BAE SYSTEMS manager ignored medical evidence when sacking a severely depressed employee as he believed “GPS aren’t experts”, a tribunal heard.

Colin Devlin, an electrician, was hauled into a disciplinary hearing over an outburst in the workplace but BAE Systems “simply discounted” his mental health issues as mitigation.

Mr Devlin had spiralled into severe depression after his wife and children left him. He spent weeks at home sitting alone in the dark without eating.

But when John Shearer, fabrication facility manager at the Glasgow site, chaired a disciplinary hearing over Mr Devlin’s alleged assault on colleagues, he didn’t request information about his mental health from his GP.

Mr Shearer “felt strongly that a GP, being a general practitioner, is not an expert” and would only believe Mr Devlin was serious about rehabilitation if he was in counselling “as they were experts in the field”.

A tribunal, held virtually in Glasgow, has ruled Mr Devlin was unfairly dismissed, with a judge criticising the aerospace giant for failing to investigate his mental health as a mitigating factor.

“No reasonable employer, faced with these circumstances would have failed to investigate them,” said employment Judge Mel Sangster.

The judge concluded Mr Shearer “acted unreasonably in treating [Mr Devlin’s] conduct as a sufficient reason for dismissal”.

As a result, an order was made for Mr Devlin to be reinstated to his role.