In Flemming v EEAS NHS Trust, F had a heart attack and subsequently suffered from an anxiety depression disorder, caused by a failure to be able to return to work where he perceived the employer to be showing a lack of support. F wrote to the HR Director complaining about his situation indicating he had contemplated suicide. He was told the letter was unacceptable and if he did it again, the correspondence would be forwarded to the employer’s solicitors. During an adjournment in a disciplinary hearing, F left his phone on ‘record’ in the room and later heard a panel member make a remark about “pummelling it into him with my fists.” F was dismissed for failing to attend a further disciplinary hearing without reasonable excuse and refusing to meet with Occupational Health. An ET found that the need for F to attend both meetings arose from his disability. His failure to attend was the product of his sense of anger because of the way he had been treated. His disability was an effective cause of that anger and so of his conduct, and this meant he was unfavourably treated because of something arising in consequence of his disability. The employer could not justify the treatment and F was awarded £92,000.

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