Claimant v Qualiteach Ltd
Outcome
Individual claims
The Respondent called the Claimant to a performance review meeting on 15 December 2022 without notice, subjected him to criticism about his performance and told him there was nothing else the Respondent could do. The Tribunal found the Respondent's handling of the meeting was extremely insensitive and humiliating, reflecting their lack of understanding as to how they might need to adjust their processes when dealing with an employee with significant mental health difficulties. The treatment had the effect of humiliating the Claimant and it was reasonable for it to have that effect.
The requirement to meet sales targets put the Claimant at a substantial disadvantage by comparison with colleagues without his disability. The Claimant was experiencing a significant downturn in his mental health and told the Respondent at a meeting on 6 December 2022 that he was struggling and needed help. The Tribunal found it would have been a reasonable adjustment to lower monthly sales targets and/or to give the Claimant more time to meet them, as the Claimant was committed to his work and the business was thriving and could have accommodated a lowered target for a period.
Facts
The Claimant, who had mental health difficulties, worked in a sales role for the Respondent on probation. In December 2022, he was struggling to meet targets and told his employer he needed help. The Respondent called him to a performance review meeting on 15 December 2022 with no notice, criticized his performance in unvarnished language, and told him there was nothing else they could do. The Claimant flew into a rage and his employment relationship deteriorated. He was signed off with stress and later resigned in October 2023. He had resumed work as a driving instructor by mid-2023.
Decision
The Tribunal found the Respondent subjected the Claimant to disability-related harassment on 15 December 2022 by handling the meeting in an extremely insensitive manner, and failed to make reasonable adjustments by not lowering his sales targets or extending deadlines when he told them he was struggling. The Tribunal awarded £20,000 injury to feelings (middle Vento band) plus interest, and loss of earnings with a 30% Polkey reduction applied from February 2023 onwards on the basis there was a chance his employment would have ended anyway due to his temperamental unsuitability for the role.
Practical note
Employers dealing with employees with mental health difficulties must adjust their performance management processes and be sensitive in how they communicate concerns; failure to do so may constitute both harassment and a failure to make reasonable adjustments, even where the employee's conduct is problematic.
Adjustments
30% chance that employment would have terminated in any event between end of probation (8 February 2023) and end of October 2023, either by resignation or dismissal, due to Claimant being new to high-pressure sales environment and temperamentally unsuited to it, growing distrust of Respondent, and likelihood that long-term anger issues would have brought him into conflict with management. Applied to loss of earnings from 8 February 2023 onwards only, not to injury to feelings.
Legal authorities cited
Statutes
Case details
- Case number
- 3200614/2023
- Decision date
- 7 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Qualiteach Ltd
- Sector
- education
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- sales role (recruitment/education)
- Salary band
- £20,000–£25,000
Claimant representation
- Represented
- No