A health and safety worker who ‘spiralled into despair’ after he was unfairly dismissed has won £50,000 after attempting suicide when he was fired.
Dane Rowe, 41, who worked for British food producers David Wood Baking, had been off work for three months with severe depression and anxiety.
After suffering from depression for over 20 years, he told his bosses that he had been contemplating suicide and they agreed to send him regular sick notes.
He was then unfairly dismissed after missing ‘informal wellbeing meetings’ due to his mental illness.
Dane Rowe (41), a British food producer David Wood Baking worker, had suffered from severe depression and anxiety for the past three months.
Mr Rowe has now been awarded £47,595 compensation after suing them for disability discrimination and unfair dismissal.
The pandemic in March 2020 caused him to lose his job after he had been with the company for 2 years.
Rowe was absent from work for a whole day and “fabricated a bizarre excuse” which led to him being placed in a disciplinary hearing. He then admitted lying and was sent a last written warning.
The man was off work in April, May, and June 2020 due to severe depression. He said that he wouldn’t be able to go to a “wellness” meeting at his workplace.
He wrote managers over those months: “I am really struggling mentally right now and have spent most of the days alone and isolated in my flat. I’ve been having panic attacks whenever I go outside.
To be truthful, I’m sick and not capable of coping. It’s difficult for me to find motivation to get up each morning, and I often contemplate suicide.
‘I keep in contact with my GP and they are able to increase my dosage. [of medication]Which I don’t think is helping any harm. Although I can’t seem to get my head around it, I really am trying.
He claimed that his anxiety is overwhelming and didn’t attend the third meeting, but continued to send sick notes.
For 20 years, he suffered from mental illness and told his bosses about it. He also complied with their request for sick notes.
The bosses heard him say: “Without sounding moanful, the thought that going anywhere else (apart of the shop up the street, preferably after 10:30pm so it’s still dark) is still daunting.
‘My intention is to visit today for a meeting, but I’m unable to leave the flat.
“It sounds terrible, but it’s true. I have worked myself into an insane state. Now I am frantic.
‘I don’t know what to do. I’ve felt fine today, but I feel like I’ve lost my mind for the past half hour. Now that I have booked and cancelled 3 taxis, I feel I need to get back in bed and hide.
“I really regret to have caused so much trouble for you.
His dismissal without hearing was on July 1. He was dismissed for “continuous absent”, perceived sickness note failures and “inability to meet his contractual obligations”. Also, he failed to attend the wellness meetings.
He made an appeal and was informed in August that the appeal had been denied. After attempting suicide, Rowe was admitted to hospital within a few hours.
Stephen Jenkins, Chair of Cardiff Employment Tribunal said that Rowe tried to commit suicide early in August. This was a matter of days or maybe just one day after receiving the appeal result letter.
“It seemed to us therefore that his dismissal had clearly had an effect on him and had potentially exacerbated his ability to work and health.
We accepted the evidence of Mr Rowe that he felt desperate after being dismissed and had thoughts about suicide. He also said that once he realized that he wasn’t going back to work and had read the appeal letter, it was then that he spiralled into despair.
Judge Jenkins declared that Jenkins was wrongly dismissed and discriminated upon the grounds of disability. David Wood Foods had failed to adjust his compensation.
Judge Jenkins stated that no investigation was made into the matter of whether Rowe committed misconduct.
“Had one been done, it would have made it clear that he was in poor health.”