Woman Awarded Almost £12,000 In Discrimination Case

A woman has been awarded £11,840 in a discrimination case against her former employer Charles Hurst, a car dealership firm.

Marie-Claire McLaughlin was employed by the company as a Customer Service Advisor.

Ms McLaughlin had been employed by the firm 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 from work due to bouts of depression and panic attacks. She 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 case was assisted by the Equality Commission for Northern Ireland.

The Tribunal found that "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 took fourteen months and the Tribunal considered that this was too long.

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

Ms McLaughlin said: "I had suffered previously from mental ill-health, and I believed a reduction in my hours would help me to cope better and enable me to improve my performance at work. My employer didn’t seem to grasp how serious an impact this was having on my life, inside and outside of work. I couldn’t believe this was happening to me, the stress of the whole situation did not help my mental health, it just added to the pressure."

Dr Michael Wardlow, Chief Commissioner of the Equality Commission for Northern Ireland, 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."



Image: Equality Commission For Northern Ireland

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