A PRESTIGIOUS Stourbridge boarding school has lost a tribunal case after sacking an employee with a mental health illness.

Former Old Swinford Hospital school employee Darren Walker has been awarded just over £85,000 with a further significant award for pension losses to follow after he won claims for disability discrimination and unfair dismissal.

Mr Walker, who worked as a technician in the design and technology departments, was dismissed in September 2017 by the Heath Lane school - one of just a few state-funded boarding schools in the UK.

An employment tribunal followed and took place from October 7 to 15 this year.

The Birmingham Employment Tribunal hearing was told Mr Walker was disabled with psoriatic arthritis, anxiety and depression for many years and that in or around February 2017 he started to suffer from short term insomnia and dizziness after a change to his medication for anxiety and depression.

As a result, Mr Walker experienced some lateness and absences from work and he was told he could not continue in his role as technician.

He said he was put under pressure to accept a more physical alternative role, which he was unable to do due to his arthritis. Under threat of dismissal his mental health deteriorated and he went off sick on September 18, 2017, and the decision was then made to sack him in his absence a few weeks later.

The tribunal, however, ruled in favour of Mr Walker's claims of unfair dismissal, discrimination arising from disability and breach of duty to make reasonable adjustments and he was awarded £85,829.

Mr Walker, who was represented by The Employment Solicitor based in Worcester, said: “It is a relief that the judge has decided in my favour. I enjoyed my job at Old Swinford Hospital school and shall miss the students but I was not supported with my mental health or physical disabilities while I worked for the school. I only hope they are able to learn from this for other staff members who might be going through a difficult time.”

Rachel Toulmin, instructing solicitor, said: “There is no longer any excuse for employers to neglect their responsibilities in relation to the mental wellbeing of their employees.

"As Old Swinford Hospital school have learned, the consequences can be far reaching – extensive damage to an employee’s health, expensive Employment Tribunal proceedings and reputational damage.”

A spokesman for OSH said: "Old Swinford Hospital respects the decision of the tribunal.’’