A worker employed by London Borough of Hammersmith and Fulham who was dismissed after taking sick leave for post-traumatic stress disorder (PTSD) has been awarded £4.6 million by an employment tribunal for disability discrimination.
Rachael Wright-Turner had previously worked as a humanitarian assistance lead officer at the Royal Borough of Kensington and Chelsea council, supporting those affected by the 2017 Grenfell Tower fire. She was diagnosed with PTSD in October 2017 and diagnosed with ADHD in 2016.
Wright-Turner was employed by the London Borough of Hammersmith and Fulham as director of public service reform between November 2017 and August 2018. On her first day, she told chief executive Kim Smith that she had secondary PTSD as a result of her Grenfell work and was undergoing counselling.
On 2 May 2018, concerns about Wright-Turner’s performance were raised in a meeting and she was accused of not disclosing her ADHD in the recruitment process.
During a pub visit that day, she recounted to colleagues her meeting with Smith, saying they had discussed her ADHD, she was being treated unfairly and was exhausted and stressed, but was concerned about the consequences of taking sick leave before finishing her probation period.
While at the pub, Wright-Turner had a panic attack with flashbacks. She was assessed as being depressed, suicidal and traumatised at the hospital, but interim HR director Mark Grimley texted Smith saying: “It’s not an emergency, she’s had a lot to drink.”
Wright-Turner was signed off work for a month, which was then extended. She received a letter on 10 May stating that her probationary period had been extended by three months, and then received another letter in early August which said she had been dismissed and the council did not think she would be able to complete her probation.
She submitted an appeal on 15 August on the grounds that Smith had not raised any significant concerns about her performance or capability, and that the dismissal letter had been backdated upon receipt of the letter of 1 August 2018 as well as the letter extending her probation.
Employment Judge Khan said: “The absence of any reference to Wright-Turner’s sickness absence in the dismissal letter was a deliberate omission to avoid any inference that this decision was in any way connected with the claimant’s mental health or related sickness absence. The claimant was neither warned that she was at risk of dismissal, nor given any opportunity to make representations before this decision was taken. Nor was she given any opportunity to appeal.”
The tribunal awarded Wright-Turner £4.6 million, and concluded that she had been discriminated against, and the decision to extend the probationary period after she went on sick leave amounted to unfavourable treatment.
A London Borough of Hammersmith and Fulham Council spokesperson said: “We are very sorry for the ordeal suffered by Ms Wright-Turner, who joined Hammersmith & Fulham Council in the aftermath of the Grenfell tragedy in 2017.
“However, we have always considered her claim for compensation to be vastly excessive, disputed and highly unprecedented. While we are grateful to the tribunal panel for dismissing many of the exceptional claims that her lawyers have made, we still believe this award is excessive and will be looking to appeal.”