Dr Hibbett had a difficult relationship with her line manager and was aggrieved when her request for a transfer was refused. When she felt that her work-related stress was not being properly addressed, she spent £390 of her own money on relaxation therapy.

Her action to obtain reimbursement resulted in a formal charge of gross misconduct and her health deteriorated as a result of the disciplinary proceeding. Within two months she was diagnosed with depression and prescribed anti-depressants. Although not disabled for the purposes of the EA 2010 at the time she submitted the expense form, she had become disabled as a result of the investigatory process.

A referral to the Home Office’s occupational health service was made, but no appointment date had been scheduled by the date fixed for her dismissal hearing. A request by her union rep for a postponement on health grounds was rejected and the hearing went ahead, resulting in her dismissal.

The tribunal found that Hibbett had been wrongly and unfairly dismissed. The employer was wrong to refuse to postpone the disciplinary hearing until it had the benefit of an occupational health report. However, it also found that she had contributed to her own dismissal, leading to a 50% cut in her compensation award.

Her claims for disability discrimination were rejected by the tribunal but on appeal the EAT ruled that by refusing to postpone the dismissal meeting until after occupational health service input was available, the employer had breached its duty to make reasonable adjustments to accommodate her disability.

Hibbett v The Home Office & Others [2013] UKEAT 0138/13/2410

www.bailii.org/uk/cases/UKEAT/2013/0138_2410.html