BT has been ordered to pay almost £14,000 to a Forfar man who was suffering from mental health issues when they sacked him.
An employment tribunal held in Dundee has ruled that John Elrick (51), of Prior Road, was unfairly dismissed from his position as a customer services advisor in BT’s Business Broadband Technical Helpdesk, based in Dundee.
The sacking came after Mr Elrick challenged a colleague to take an argument “off the floor”.
Mr Elrick denied his behaviour had been threatening, however, his department manager disagreed and dismissed him for gross misconduct.
The tribunal heard Mr Elrick was employed from December 2002 until December 23 2011, during which he had displayed some health issues.
In October 2011, a formal warning was issued to him after his absence levels had caused “some concern”.
Mr Elrick told his line manager Duncan Wallace he had been experiencing back problems along with pressure and stress at work and was referred to Occupational Health Services, who recommended professional counselling after hearing that Mr Elrick was claiming a lack of support from Mr Wallace.
In its report, the OHS recommended Mr Elrick should be referred to BT Rehab Works and he should conduct an online STREAM Risk Assessment, which he did.
He received an amber rating, which denoted he was under some stress and action must be taken in agreement with him.
Then on November 4 2011, another incident occurred which involved Mr Elrick swearing at two colleagues and challenging Andrew Doig to “take this off the floor” and calling him a “coward”, which Mr Doig said left him feeling “threatened and in danger”.
Interviewed, Mr Elrick admitted swearing at his colleague but denied threatening him in any way.
The tribunal heard he was then suspended pending an investigation.
Mr Doig later stated: “From knowing John, I don’t think it was a threat of violence or anything like that, however, I wasn’t comfortable taking the issue off the floor with there being no other managers or superiors around.
“I don’t think it was an invitation for a fight.”
Despite that, Mr Bell told Mr Elrick he was dismissing him.
The tribunal heard Mr Bell recognised that the claimant had health issues, including a history of anxiety and hypertensions since 2004, high blood pressure and stress and anxiety, but did not accept that they were responsible for the way he behaved.
Mr Elrick appealed but the dismissal was upheld.
The tribunal ruled that Mr Bell did not have reasonable grounds for dismissal on the grounds of him acting in a threateningmanner, particularly after Mr Doig changed his position on Mr Elrick’s allegedbehaviour, nor was there a reasonable investigation held by Mr Bell.
Neither was that remedied at the appeal stage as the appeal chairman did not have transcripts regarding Mr Doig’s change of position. The case was, therefore, wrongly labelled as “gross misconduct”.
Mr Elrick said: “I’m extremely pleased, it’s been one long nightmare for me in an increasingly hostile working environment.”
His solicitor Ryan Russell, of Muir Myles Laverty, added: “This case is a cautionary tale for employers dealing with employees suffering from stress in the workplace.
“If someone has a disability because of a mental health illness, an employer is legally obliged to make adjustments to the workplace to remove any disadvantage.”
In a statement last night, BT said: “Mr Elrick was dismissed for gross misconduct; namely his unacceptable behaviour towards work colleagues.
“The tribunal found Mr Elrick to be partly to blame for his dismissal but said that the dismissal was unfair because BT’s investigation into the offence was insufficient.
“BT takes the health issues of its people very seriously.”
Mr Elrick was awarded £13,814.31.
awilson@thecourier.co.uk