Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Man who was sacked after telling bosses he had depression awarded £20,000 at tribunal

An earlier hearing of the tribunal was heard at Highland Rail House.
An earlier hearing of the tribunal was heard at Highland Rail House.

A man has been awarded almost £20,000 after an employment tribunal found he had been unfairly dismissed from his role despite telling his bosses he had depression.

The tribunal in Inverness previously heard how Donald Macpherson was dismissed by his employer, Loch Ness Coffee Company, in November 2018  after an investigation carried out by the catering company ruled against him following numerous absences from work.

He was suspended from his role as bakery supervisor while a fact-finding investigation was carried out, which ultimately led to his dismissal.

Mr Macpherson sought the claim of disability discrimination on the basis the investigation was wrong and did not take into account his disclosure of his diagnosis of depression.

A written judgement from the tribunal which was heard by judge James Hendry states that the Loch Ness Coffee Company should pay Mr Macpherson £9,698.38 in respect of the dismissal and £10,000 for injury to feelings.

‘Behaviour arises from his depression’

The judgement states: “The facts of the case are clear that the claimant was dismissed primarily for his absences and to a lesser extent a failure to report these and for a failure to use personal days for the purpose that he had sought them.

“The dismissal letter refers to ‘Your excessive level of absence as well as your repeated failure to notify the company adequately in advance of a planned absence’.

“This behaviour we found arises from his depression and in particular the symptom of him lacking motivation and ability to do things. The “something” that pertains here arises in consequence of that disability.

“This was a factor that operated on the minds of the dismissing employer or discriminator in dismissing him.”

Mr Macpherson was first employed by the firm back in March 2013, worked his way up from a cleaning role to a supervisory role in the baking team at the Drumnadrochit establishment.

His health began to deteriorate before he sought medical help in May 2017.

During the tribunal it was said the company had a practice of staff taking unpaid personal days during quiet periods.

In 2018 Mr Macpherson had accrued a ‘large number’ of these days and in excess of 20 sick days.

The company’s position was that there had been a fair disciplinary process, but it was conceded there had been a failure to provide Mr Macpherson with an appeal – even though he had lodged one.

It had not conceded that he had been discriminated against.

‘Managers were told about depression’

During a previous hearing of the tribunal at Highland Rail House in Inverness, Mr Macpherson described his feelings at the time as him being in “a low mood” and that he was “unable to get motivated or sleep well”.

When asked by his solicitor Lucy Neil if his illness had affected his job, Mr Macpherson replied: “Absolutely it had an impact on my job.”

Mr Macpherson said he informed management of his diagnosis, and he was even offered advice from one member who had suffered from similar feelings and recommended a book.

Solicitor Erin Grant, representing theLoch Ness Coffee Company, cross-examined Mr Macpherson establishing sick lines that had been issued to the company cited his absence from work being due to “stress at home” and not depression as he claimed.

She questioned who Mr Macpherson had disclosed his diagnosis to, and by what methods.

He replied that he told three members of management verbally.

In the judgement it states that a fit note from July 2018 cites the reason for his absence as ‘depressed mood’, and says this would ‘put the matter beyond doubt’ that he was suffering from depression.