A former BPP University law lecturer has been awarded £168,000 by an employment tribunal for constructive unfair dismissal. This consists of £71,200 for future financial losses, £32,000 for past financial losses and £20,000 for injury to feeling.
The London Central Tribunal heard that Elizabeth Aylott - who had worked for 10 years with BPP University Ltd - despite being diagnosed as suffering from autistic spectrum disorder, anxiety and depression, had failed to have her working hours and workload reduced.
The tribunal heard that the university management had a ‘culture’ of staff working long hours and this, together with a shortage of staff meant Mrs Aylott was working 55-60 hours per week, despite a GP stating she was only fit to work 2-4 hours daily.
Her claim for constructive unfair dismissal was upheld by the tribunal, who pointed to a series of incidents that showed a ‘fundamental breach of trust and confidence’ -including the comment made by a colleague that she was ‘mad as a box of frogs but a good worker’, a comment which was then repeated back to Mrs Aylott by her line manager.
Mrs Aylott was also subject to remarks by senior members of staff, an HR Manager allegedly told her that “someone her age and experience should be able to prioritise and manage their workload”.
At one point, Mrs Aylott requested a referral to Occupational Health, but this did not happen, resulting in the tribunal judge classing that decision as unfavourable treatment.
After a lengthy period of sick leave and still unable to cope, Mrs Aylott left in April 2019.
The Employment Tribunal found that two of the claims made by Mrs Aylott had succeeded. Firstly, there had been a need for work adjustments, which meant her working only her contractual hours and for her to be able to refuse extra work, due to her disability. In addition, the tribunal found that the HR Manager was fixed on terminating Mrs Aylotts’s employment by means of a settlement agreement - as opposed to offering an alternative.
BPP University Ltd stated that would appeal the ruling.
