Abbie Garner was unfairly dismissed after having an argument with a colleague she had previously been in a relationship with, a tribunal has ruled. Garner was overheard shouting "You f***ing made me love you then you cheated on me", according to the tribunal decision published on Monday (2 June).
A tribunal ruled that the argument was linked to symptoms of her mental health and medical conditions: anxiety, depression and PCOS. The tribunal also ruled that Garner’s employers failed to consider medical evidence when dismissing her. The employment judge concluded that had they done so, the outcome may have been different.
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When reviewing the conduct of an employee with multiple health conditions, HR professionals must always consider adjustments that may be suitable to resolve the situation, explained Alan Price, CEO of HR software BrightHR.
He told HR magazine: “The employee should be involved in discussions about adjustments; no-one knows the impact of the disability more than them. Where multiple people are involved in the provision of an adjustment, HR professionals should keep a tight rein on action, making sure that adjustments are communicated and implemented well.
“It’s common for a GP report or, more usefully, a report from an occupational health expert, to be used as part of the decision-making process for employees with medical conditions. It is acknowledged that employers are not medical experts and so have to reach out for assistance in this area. HR professionals should ensure their managers are trained in both the legal protections and the processes needed to support employees with medical conditions.”
During the disciplinary, Garner gave abrupt responses and asked whether her ex-partner would also be punished.
During the tribunal, Judge Lewis stated: “The claimant is disabled by virtue of anxiety, depression and polycystic ovary syndrome. The claimant relies on her conduct ... her abrupt responses in the disciplinary meeting, as things arising from her disability. Namely an inability to regulate her mood or control her anger due to her disabilities.”
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Supporting employees’ health, especially women’s health, is not only a matter of corporate responsibility, added Vicky Walker, group director of people, at health and wellbeing company Westfield Health.
Speaking to HR magazine, she said: “Supporting women’s health is crucial for boosting productivity, retaining employees and preventing presenteeism. Employers can foster an inclusive work environment by addressing these health challenges.
“Implementing clear and supportive workplace wellbeing policies is crucial for addressing women’s health effectively. Managers should be trained to apply these policies with compassion and flexibility, ensuring employees feel understood and valued. Encouraging employees to share their needs, whether through anonymous feedback forms, surveys, or dedicated working groups, can help break the stigma.
“When conversations about women’s health become normalised rather than being seen as a taboo subject, employees feel more comfortable seeking support, leading to a healthier and more productive workforce.”
