This article details a case where an employee, Ms. Breslin, successfully claimed unfair dismissal due to her employer’s failure to address work-related stress and health concerns.
Hear’s a breakdown of the key points:
Employee’s Concerns: Ms.Breslin reported a deterioration in her mental and physical health, attributing it to a poor work-life balance, late closing times, understaffing, and a stressful/toxic work environment. She experienced anxiety,low mood,high blood pressure,and gastrointestinal problems.
employer’s Response: The employer largely dismissed her concerns as “commercial points” or “a matter for the shop,” focusing on minor issues like medical certificates and annual leave but failing to address the more significant problems of roster issues and staff shortages.
Medical Leave and Interaction: Ms. Breslin took seven periods of certified medical leave between January 2022 and summer 2023. During this time, she repeatedly communicated her belief that her illness was work-related and that major obstacles were hindering her ability to do her job.
Resignation: Ms. Breslin resigned in October 2023,after her last shift in June 2023.Her resignation was described by the managing director as “pleasant and made no mention of issues.”
Tribunal’s Decision: The adjudicator found that the employer failed in its duty of care to Ms. Breslin by not adequately addressing her health, safety, and wellbeing concerns. This failure was considered a “repudiation of contract.”
Outcome: Ms. Breslin’s unfair dismissal claim was upheld, and she was awarded €15,800, representing her full losses for five months of unemployment. A separate disability discrimination claim was ruled out of time.
In essence, the case highlights the importance of employers taking employee grievances seriously, particularly those related to health and wellbeing, and the legal consequences of failing to do so.
