A bank worker who was contacted by her employer while she was off sick, has been awarded more than £22,000 by a Tribunal.

Victoria Lindsay worked for the Halifax Bank of Scotland (HBOS) and has  suffered from PTSD since 2016. While signed off work from October 2021 due to severe anxiety after a family issue, Ms Lindsay  posted photos of her cake making business on Facebook - a business that she operated alongside her job at HBOS and for which the bank had given their approval for her to run.

Ms Lindsay was contacted by her boss - Ms Jarrow - who told her she should be mindful of the impact the images would have on colleagues while she was off sick.

The Tribunal report said:

"Colleagues at the Hamilton branch had reacted negatively to a post made by Ms Lindsay regarding cakes made by her during her absence from work."

Ms Lindsay told Ms Jarrow that the bank had approved the business, which she ran as a hobby and which she found therapeutic for her mental health.

Ms Jallow incorrectly informed Ms Lindsay that they were required to keep in contact at least every ten days and even questioned the medication she had been prescribed.

On December 17^th during a holiday with her family, Ms Jarrow called Ms Lindsay - one of many calls she made whilst Ms Lindsay was on sick leave - which led to her having a 30-minute panic attack in front of her two children.

This culminated in Ms Lindsay resigning in the following January and suing the bank for constructive unfair dismissal. She told the Tribunal:

"I feel so let down by the company and I can’t expose myself to that again."

The Tribunal ruled that Ms Lindsay's claim of constructive unfair dismissal had succeeded, with the Employment Judge Amanda Jones ruling that:

"Ms Jallow knew or should reasonably have known that calling Ms Lindsay unannounced about a work related matter which was not urgent and in which her conduct was being criticised, would cause her significant distress."

Judge Jones also said that Ms Lindsay:

"…..had permission to engage in her cake-making business, which she operated as a hobby and was therapeutic for dealing with her anxiety.”

She added:

"While it may well be that staff at the branch made comment about this while she was off sick, the Tribunal found that there was no proper reason given for raising this with Ms Lindsay at the time the bank raised it or indeed at all."

Judge Jones later awarded £22,304 to Ms Lindsay for constructive dismissal.