An Industrial Tribunal found that Charles Hurst Limited failed in its duty to make reasonable adjustments for Marie-Claire McLaughlin, then employed as a customer service advisor.

Ms McLaughlin (pictured) was employed by Charles Hurst Limited since July 2012, and worked an average of 47.8 hours per week including Saturday mornings. She had suffered previously from mental ill-health and had absences due to bouts of depression and panic attacks.

Ms McLaughlin applied to reduce her working hours to 40 per week and, in her application, she made specific reference to her disability and the severe impact it was having on her and her work colleagues.

The Tribunal found: “Her request for reduced hours was not considered in an appropriate manner. It was consistently dealt with as an application for flexible working, with an emphasis on the needs of the business. There was little or no focus on the needs of the claimant.”

The timeframe for dealing with Ms McLaughlin’s request was long drawn out – it took fourteen months in all and the Tribunal considered that this was at least four and a half months too long.

The Tribunal also held that there was no doubt that the treatment Ms McLaughlin received at work affected her mental health and well-being.

Dr Michael Wardlow, Chief Commissioner of the Equality Commission, said: “Marie-Claire’s case brings into focus an issue which is an increasing area of concern for all in the workplace. There is a need for employers to be more pro-active in addressing issues around mental health. Proper - and timely - management of this issue should be an important focus for all employers. The Tribunal found that, on this occasion, the company concerned did not act promptly in putting a reasonable adjustment - a reduction in hours - in place for Ms. McLaughlin and that this made her situation worse.

“The Tribunal noted that, when the adjustments were put in place, Ms McLaughlin found it much easier to cope with her employment. She had little or no absence from work and she found it much easier to get the job done. This highlights the fact that reasonable adjustments, while required by legislation to benefit people with disabilities, can also benefit business through outcomes such as improved attendance and increased productivity.

“We would encourage all employers to sign up to our Mental Health Charter – it is a commitment that an organisation will work towards a better understanding of mental health issues and the impact they can have on individuals and the wider workforce.”