Elizabeth Aylott - a former lecturer at BPP University in London - has won a discrimination claim against the University after she was overworked and denied any medical support, despite suffering from anxiety and depression.

In April 2019, Mrs Aylott resigned from her position as a lecturer specialising in HR and employment law.  She had been signed off by doctors for anxiety and depression and was subsequently diagnosed with Autistic Spectrum Disorder.

Mrs Aylott, a mother of two, began working at the private university in 2009 and became a widow two years later. During the period of her employment, she also lost her father and her son became seriously ill.  She constantly raised her concerns about her ability to cope with her workload, which often necessitated her working 55-60 hours per week; Bank Holidays and at one time had been forced to cancel a period of annual leave in order to meet work demands.

The London Central Employment Tribunal heard that despite requesting a referral to a medical professional, a boss - Steven Shaw - refused this as he claimed that working long hours was normal and her stress was ‘her perception’.

Mrs Aylott began to have suicidal thoughts and was in need of three glasses of wine to help her sleep after work, before drinking four or five gin and tonics to self-medicate.

She said:

“I believe I was treated differently because my issue was a mental health issue… I was relying on alcohol to support me.”

Mrs Aylott left the University in spring 2019, later lodging a claim for constructive unfair dismissal and disability discrimination. She claimed she was discriminated against because she was only offered 15 days of paid sick leave - or a phased return to work. In addition, she claimed that another boss, Juliette Wagner had said that she was ‘mad as a box of frogs but a good worker’.

Employment Judge Adkin described the comment made by Juliette Wagner as ‘inappropriate and unprofessional’.   He added:

“The claimant said that she had suffered a breakdown, felt overloaded and could no longer cope. 

She mentioned being a widow and raising two children. Mr Shaw suggested that her feelings of stress were based on her perception.

Mr Shaw was plainly of the view that managers’ working in excess of contractual hours was ‘normal’.

He also seemed to be of the view that the claimant was experienced enough to manage her workload.”

The Tribunal found that these aspects did not amount to disability discrimination, but upheld the constructive unfair dismissal claim and later this month will determine compensation.