Long-serving store manager unfairly dismissed after employer failed to consider her mental health

When process fails to account for health

This case shows what can happen when an employer rushes to judgment without considering an employee's mental health. The claimant, a retail store manager with 16 years' service, had a history of depression and anxiety that worsened in July 2022, leading to suicidal thoughts. She raised her mental health with her line manager. Yet when she was later dismissed for failing to complete incident reports for 64 out of 65 banking discrepancies, the dismissing manager did not seek any medical advice or consider how her condition might have affected her performance.

What the employer could have done differently

EE Limited, a large employer with access to occupational health, could have obtained a medical report before making the decision to dismiss. The tribunal noted that the claimant's conduct was not dishonest or deliberate; it was a failure to follow procedures at a time when she was struggling. A proper investigation into her health, and a reasonable adjustment such as additional support or a warning, might have avoided the dismissal. The appeal process also failed to remedy the original errors.

Why this matters for similar claims

This decision reinforces that employers must take mental health seriously in disciplinary processes. Even where there is clear misconduct, a failure to consider the employee's health can make a dismissal unfair. The Polkey reduction of 20% reflects the chance that the claimant could have been fairly dismissed even with proper process, and the 50% reduction for contributory conduct acknowledges her own responsibility. However, the core finding is that a fair process requires more than just ticking boxes—it requires genuine engagement with an employee's wellbeing.