An employment tribunal has found that a former AstraZeneca scientist with a mental health disability was wrongfully dismissed.
James Muir, a senior scientist who had been developing the pharmaceutical firm’s recently approved cancer drug Truqap, had worked there since 1998. He suffered from chronic depression and anxiety and had taken extended leave as a result of these conditions.
He was dismissed in December 2020 for misconduct relating to bullying and harassment, after investigators appointed by the firm found that he made angry outbursts in meetings on a stressful project and his behaviour amounted to “repeated inappropriate conduct”. Despite this, he had no written complaints made against him.
The tribunal found that Muir’s “overly forceful” way of speaking to colleagues “arose as a consequence of his disability”, that investigators and those conducting an internal appeal did not take into account his mental health disability.
Concerns were raised about meetings held between the investigating officer and appeals officers during the tribunal, and it was revealed that they had breached the Advisory, Conciliation and Arbitration Service employment code for best practice for disciplinary procedures by not ensuring an impartial appeals process. Muir will be entitled to a 10% uplift in compensation as a result of this.
The tribunal also found that Muir’s line manager and other relevant managers were aware of his disability and they could have taken steps to support him, rather than dismiss him.
Employment Judge Johnson said: “This was not a case of the inappropriate behaviour being abusive or discriminatory and was instead a forceful outburst by a person experiencing a great deal of anxiety. The tribunal finds that his conduct was not sufficiently serious to amount to a repudiatory breach and he should not have been dismissed without notice. The complaint of disability discrimination, unfair dismissal, and wrongful dismissal and breach of contract is well founded.”
AstraZeneca has been contacted for comment prior to publication.
