Successfully challenging disciplinary action taken because of poor mental health

Callum was dismissed after what he described as “the worst year of his life,” and at that point he genuinely believed he would never receive good news again  - but he was wrong.

He lost his job as a neighbourhood housing officer at the end of a 12‑month period marked by severe mental health struggles, devastating bereavements, the breakdown of his marriage, and the loss of his family home.

Following a disciplinary hearing he was dismissed from the role he had held for five years, which felt especially cruel and deeply unfair.

Callum admitted he had not been performing at his best despite “support” from his manager, but wanted to submit a  disciplinary appeal.

He was not hopeful of a positive outcome when he contacted our Employee Support Centre for help.

When he first spoke to our trade union representative who would support him with the appeal, he did in fact apologise for wasting his time.

Our representatives will always look to identify anything to support an employee’s position, and there was a great deal in Callum’s case.

It was clear Callum had been experiencing long‑term poor mental health as a result of an anxiety disorder that could be considered a disability under the Equality Act 2010, requiring the employer to implement reasonable adjustments.

Our trade union representative looked closely at what the employer knew about Callum’s anxiety disorder and the support he said he had been given.

He had several absences directly linked to anxiety and stress, and these had been discussed and recorded during return‑to‑work meetings.

His male manager knew about his mental‑health struggles and the significant events that had happened in his personal life.

What Callum had understood as “support” from his manager did not, on closer examination, amount to meaningful or adequate help.

The manager’s messages were well‑intentioned but tended to minimise the situation, rely on banter, or offer distraction rather than genuine support.

Although he encouraged Callum to “look after yourself mate” and “stay strong,” and suggested taking time out from work, he did not address the seriousness of Callum’s long‑term anxiety.

No referral was ever made to occupational health and a medical report was never sought, despite the employer knowing that Callum had been living with anxiety for several years.

Ahead of the disciplinary appeal hearing, our trade union representative checked with Callum what outcome he wanted.

He did not want to be reinstated and wanted a settlement agreement, which would help him to move on from what happened. He did say he thought this was wishful thinking though.

Our trade union representative presented the appeal on Callum’s behalf at the appeal hearing.

He strongly asserted the decision to dismiss him amounted to an unfair dismissal and provided evidence of what could be considered disability discrimination.

Our trade union representative presented clear evidence showing that the employer was aware of Callum’s potential disability.

This evidence also demonstrated that the employer had not made reasonable adjustments or met its duty of care to support a vulnerable employee.

He was able to show that Callum’s manager knew about his mental‑health struggles, the devastating bereavements he had suffered, the breakdown of his marriage, and the loss of his family home.

Our trade union representative explained how the immense stress caused by these traumatic events had worsened the symptoms of Callum’s anxiety disorder and had inevitably affected and impaired his performance at work.

The significant mitigation this provided - and the reasons why dismissal was neither a proportionate response or a fair or lawful one - was strongly argued.

It was made clear that the decision to dismiss was extremely unfair and discriminatory.

At the end of the appeal hearing, a discussion took place about a possible settlement agreement.

Negotiations followed, and an agreement was eventually reached that Callum was delighted with.

He told our representative that his plan was to use the financial payment from the agreement to help him start a business with his wife, something they had both talked about for years.