Case is a stark warning to the financial services industry for safe guarding workers’ mental health and well being

The Employment Tribunal judgement has found this week that the Respondents in Mr A G Bailie v (1) ADM Investor Services Ltd and (2) Mr Somerville Cotton did directly discriminate against Mr Adam Glover Bailie a trader in a UK brokerage because of his disability and as a consequence of his disability.*

Adam Glover Bailie, the head of equities and fixed income at Archer-Daniels-Midland Co. a U.K. brokerage, had claimed that the company had pushed him aside when he became ill after working excessive hours in his short-staffed department.

Mr Bailie, who had worked for the unit for 22 years, was diagnosed with clinical depression in January 2018. A month later, after working long hours to manage funds of the company and clients during wild swings in the markets, he was prescribed anti-depressants. In May, he was given temporary medical leave for work-related stress, and in August 2018, given permanent leave. He hasn’t worked since.

Mr Bailie has claimed that his mental-health issues began in 2016 due to increased workload as a result of having to fulfill multiple roles and to work long hours. After being promoted to run the department in 2017, he told Head of Human Resources about the stress and suffered a breakdown. He claimed that this head was hostile and unsupportive after he was diagnosed as unfit for work following the 2018 sell-off.

Mr Bailie also complained about his Senior Manager Mr Somerville-Cotton who told Bailie’s colleagues in an email that Bailie would continue in a senior leadership role but that another employee would take on the role of co-head of the department with overall responsibility of the team. Bailie said he heard about the change from colleagues while he was away, and was in direct contrast to an assurance he had received from HR.  He said he believed Somerville-Cotton was trying to drive him out.

In judging the case, the employment tribunal carefully went through the events of the past two years, reading minutes of meetings and conversations. It found that the respondents did discriminate against the claimant because of his mental health “disability” and did unfavourably treat the claimant because of “something arising in consequence of his disability”- in this case his absence from work.

As such the case will now progress to a two-day remedy hearing in January.

Expert Opinion

The Employment Tribunal judgement has found that the Respondents in this case did discriminate against my client because of his disability, My client is delighted his case has been successful, not only for himself but for other workers in the industry who suffer from stress and anxiety created by a hostile and unsupportive working environment and culture. Senior managers in the financial services industry will now really have to take these issues very seriously going forward if they want to avoid further such claims made against them.

This is a major step forward and will be a timely reminder to the financial services industry that it now must safeguard its workers' mental health and well-being.

The FCA has recently published a discussion paper on transforming culture in financial services and has made it very clear by this and by the recent introduction of the Senior Managers and Certification Regime (SM&CR) that it is determined to set minimum standards for the behaviour of financial services staff and promote a culture where Senior Managers take responsibility for identifying where harm might occur and to take action to prevent it. There is now a formal link between the behaviour of individuals and the conduct of the firm. This case will be a fore runner of many similar claims. Shazia Khan - Partner

*Please note additional claims of indirect discrimination, failure to make reasonable adjustments at work, and harassment /victimisation were not accepted by the Tribunal

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