Two interesting cases regarding reasonable adjustments required where the worker’s mental impairment means that particular stress is caused by the failure to resolve ongoing work problems are: Leeds Teaching Hospital NHS Trust v Foster UKEAT/0552/10 (stress) Tameside Hospital NHS Foundation Trust v Mylott UKEAT/0352/09 and UKEAT/0399/10 (situational anxiety) In those cases, the employers failed to make reasonable adjustments such as resolving grievances quickly insisting on formal procedures being followed failing to understand the difference between saying that the worker’s complaints are groundless, and addressing the worker’s genuine anxiety about the matters in respect of which s/he is complaining. However, it is important not to have unrealistic expectations of employers. The EAT in Mylott added these cautionary words: with mental health conditions of the kind suffered by the ‘Employees Claimant can pose difficult management problems for employers. The question of what steps may be reasonable in order to adjust to their needs is a sensitive one, in which proper regard must be had to the interests of both parties, and tribunals should not set unreasonable standards.’ Sources of further information The Mental Health Foundation has an excellent website including fact-sheets on an A-Z of conditions at The Job Accommodation Network, an American website, provides a very useful fact sheet on accomodating people with Post-Traumatic Stress Disorder at The TUC’s and supporting members with mental health problems at work: ‘Representing Guidance for trade union representatives’ is available at There is an excellent publication, originally from Mind Out for Mental Health, but updated several times by different organisations, most recently by Mental Health First Aid England in 2013: Line Managers’ Resource a practical guide to managing and supporting “The –
Two interesting cases regarding reasonable adjustments required where the worker’s mental impairment means that particular stress is caused by the failure to resolve ongoing work problems are: Leeds Teaching Hospital NHS Trust v Foster UKEAT/0552/10 (stress) Tameside Hospital NHS Foundation Trust v Mylott UKEAT/0352/09 and UKEAT/0399/10 (situational anxiety) In those cases, the employers failed to make reasonable adjustments such as resolving grievances quickly insisting on formal procedures being followed failing to understand the difference between saying that the worker’s complaints are groundless, and addressing the worker’s genuine anxiety about the matters in respect of which s/he is complaining. However, it is important not to have unrealistic expectations of employers. The EAT in Mylott added these cautionary words: ‘Employees with mental health conditions of the kind suffered by the Claimant can pose difficult management problems for employers. The question of what steps may be reasonable in order to adjust to their needs is a sensitive one, in which proper regard must be had to the interests of both parties, and tribunals should not set unreasonable standards.’ Sources of further information The Mental Health Foundation has an excellent website including fact-sheets on an A-Z of conditions at The Job Accommodation Network, an American website, provides a very useful fact sheet on accomodating people with Post-Traumatic Stress Disorder at The TUC’s ‘Representing and supporting members with mental health problems at work: Guidance for trade union representatives’ is available at There is an excellent publication, originally from Mind Out for Mental Health, but updated several times by different organisations, most recently by Mental Health First Aid England in 2013: “The Line Managers’ Resource – a practical guide to managing and supporting
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