December 15, 2010
A recent employment tribunal case warns employers of the dangers of ignoring employees’ disabilities when making employment decisions. The case involved a West Murcia Policewoman who resigned from her job at a time when, unbeknown to her, she was suffering from clinical depression. Once she had been diagnosed and was receiving treatment for her condition, she decided that she wanted her job back. However, her employers refused to allow her to return. The employment appeal tribunal ruled that she had a right to return to her previous job as she had not been of sound mind when she decided to resign and that her employer should pay her compensation for disability discrimination. Employers need to be careful when an employee resigns and look at the full picture before making any swift decisions as to their re-employ or replacement. For example, it may be that an employee has resigned because they felt that they were being treated unfairly and actually intend to claim that they were constructively dismissed, as they felt they had no other option but to leave. Wherever possible, a meeting should be held with the employee before they leave to ensure that any alternatives are considered and that the reasons for leaving are fully understood by the employer.