Employee with ADHD and PTSD Awarded Record £4.5 Million Compensation After Unfair Dismissal
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In a landmark ruling, the Employment Tribunal has awarded £4.5 million in compensation to Mrs. Wright-Turner (W-T), who was dismissed after failing her probationary period. This case, involving the London Borough of Hammersmith and Fulham and Ms. K Dero, marks the largest compensation award in a public sector case.
Case Background
Mrs. Wright-Turner accepted the role of Director of Public Services Reform in July 2017, with a six-month probationary period. Due to her involvement in the response to the Grenfell Tower fire, she did not start until November 2017, by which time she had been diagnosed with Post Traumatic Stress Disorder (PTSD) and had disclosed her ADHD on her pre-employment health questionnaire.
On her first day, her line manager labeled her an “outsider” and discussed a harrowing video of the Grenfell fire, triggering W-T’s PTSD. Despite this, W-T worked long hours, but her mental and physical health deteriorated. In April, during a meeting, her line manager failed to indicate any serious concerns about her performance.
Key Events
• April 2018: Line manager confronts W-T about an email perceived as sarcastic, learns of her ADHD, and her perception of W-T changes drastically.
• May 2018: An ad-hoc meeting on 2 May sees the line manager making offensive comments about W-T’s ADHD, leading to a panic attack and subsequent A&E visit.
• Probation Extension: W-T’s probationary period was extended by three months without clear performance concerns, and the decision letter was found to be backdated.
• Dismissal: The council terminated her employment at the end of the extended probationary period, backdating the termination letter to mislead W-T and avoid the impression it was a response to her grievances.
Tribunal Findings
The tribunal determined that:
• W-T was harassed during the ad-hoc coffee meeting.
• Extending her probation amounted to direct discrimination and discrimination arising from a disability.
• Her dismissal was direct discrimination; a non-disabled comparator would not have been dismissed under similar circumstances.
Compensation Breakdown
W-T was awarded £4,580,587.39, including:
• Losses up to the hearing: £450,000
• Future loss of earnings: Almost £1.5 million
• Injury to feelings: £60,000
• Psychiatric injury: £60,000
• Aggravated damages: £20,000
• Exemplary damages: £15,000
• Acas Code of Practice breach: £270,000
• Interest and grossing up: The remainder
The tribunal emphasized the severity of the impact on W-T’s health, career, and personal life, resulting in her inability to work, marital breakdown, and financial distress.
Council’s Response and Commentary
The council plans to appeal the unprecedented payout, describing it as excessive. However, the tribunal’s findings highlight serious procedural failings and deceptive practices by the council’s staff, including backdating letters and attempting to mislead the tribunal.
This case serves as a critical reminder of the importance of fair treatment and support for employees with disabilities, and the severe consequences of failing to adhere to these principles.
