The decision in the recent case of Taplin v Freeths (www.gov.uk/employment-tribunal-decisions/mr-mj-taplin-v-freeths-llp-2602284-slash-2018) is surprising at first glance. Here, the Employment Tribunal ruled that a partner in a law firm who had control over the hours he worked, was ambitious and successful, and had a very strong work ethic, should have been protected from burning himself out by working too hard. In fact, they went as far as concluding that the firm had discriminated against him on grounds of disability by not supporting him properly to recover from the illness caused by his ‘workaholism’.
“Surely successful, highly paid professionals and managers should be expected to manage their workload and take responsibility for their own mental and physical wellbeing?” I hear you ask. Apparently not according to this case.
The judge was struck by the “lack of real engagement with the issues” by the partnership and noted the absence of a “holistic approach” to supporting Mr Taplin in his recovery from his serious mental illness.
Although the decision is fact-specific and it remains to be seen whether it is challenged on appeal, there are some sobering lessons we can learn from the (very long) judgement in this case:
In a time when many people are continuing to work from home and face to face contact is limited, businesses will have to think outside of the box to make sure they are supporting everyone in their teams appropriately and nipping issues such as overworking and deteriorating mental wellbeing in the bud.
Please contact us if you need support.
Authorised and regulated by the Solicitors Regulation Authority number 617865
© Burley Law. All rights reserved. Website design by Essence.