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United Kingdom
A worker has sued his former employer after an office birthday party triggered a panic attack.
As reported by The Guardian, Gravity Diagnostics, a medical laboratory based in Kentucky, USA, ignored Kevin Berling’s request not to celebrate his birthday due to an anxiety disorder.
According to reports, Berling spoke to a colleague who was responsible for organising staff birthday parties, and requested not to have one, but this colleague “flat-out forgot about his request” according to legal documents.
As a result, the company hosted the celebration, which caused Berling to suffer a panic attack.
According to his legal representatives, Berling had to leave the office and practice breathing techniques in his car, before texting his manager to express his upset that his request had been ignored. The next day, according to the lawsuit, Berling was “confronted and criticised” for his reaction.
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“According to my client, [his managers] started reading him the riot act and accused him of stealing other co-workers’ joy,” legal representatives told Link NKY.
Unfortunately, the confrontation with his managers caused Berling to have another panic attack, according to his legal time.
Berling apologised for having a panic attack but, he was reportedly terminated from his role three days “because of the events of the previous week”.
He has now been awarded more than £345,215 (approx. $450,000) in compensation, $300,000 of which was awarded for “past, present and future mental pain and suffering, mental anguish, embarrassment, humiliation, mortification and loss of self-esteem”.
In a statement, Kenton circuit court judge Patricia Summe said Berling “was able to perform the essential functions of his job with or without reasonable accommodations” but “suffered an adverse employment action because of that disability”.
Julie Brazil, chief operating officer of Gravity Diagnostics, told Link NKY: “As an employer who puts our employee safety first, we have a zero-tolerance policy and we stand by our decision to terminate the plaintiff for his violation of our workplace violence policy.
“My employees were the victims in this case, not the plaintiff.”
Mental health in the workplace
Despite Berling speaking to bosses about his wellbeing concerns, unfortunate errors led to him suffering a mental health incident at work.
However, recent data from Benenden Health revealed that almost half of UK employees would not talk to their bosses if they were experiencing a health issue.
The research found that 41% of individuals said that they wouldn’t feel confident talking about any health issues with their employer, with many expressing fears about what it could mean for relationships in the workplace and their career.
Further 2020 analysis published by Deloitte found that poor mental health costs UK employers up to £45billion each year.
If employees don’t feel comfortable raising health issues with employers, this could have a huge impact on traditional areas of HR practice including culture and business performance.
How can HR help staff speak up?
With these statistics in mind, it is crucial HR considers how it can help staff to speak up about problems that they may be experiencing.
There are several ways that HR can help. For example, signposting the resources available to staff – whether this is internal or external support such as counselling services for example – could be one way to help.
Another way could be promoting an open culture and good channels of communication where staff feel comfortable raising any problems they might have with colleagues and bosses.
This could also help normalise conversations and break down the stigma, particularly when it comes to talking about mental health.
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Mental health charity Mind explains that, once HR has opened up a dialogue with an employee about their mental health, the priority is to “develop positive steps to address the key issues they’re struggling with.”
Mind says that clear policies on workplace adjustments are crucial to support staff to cope, and to recover and reduce the length of mental health related absences.
“These steps are generally quite small and simple adjustments to someone’s job role or extra support from their manager” the charity explains on its website.
“Often the necessary change is one of attitude, expectations or communication – rather than a major change or significant cost. However, effective steps tend to be very individual. For this reason it’s vital you have a meaningful conversation with your employee about their needs and really listen to them.”
Mind goes on to offer several examples of practical and cost-effective adjustments that workplaces can accommodate for staff dealing with a mental health issue, including:
Flexible hours or change to start/finish time.
Change of workspace – e.g. quieter, more/ less busy, dividing screens
Working from home (although it’s important to have regular phone catch ups so people remain connected and don’t feel isolated)
Changes to break times
Light-box or seat with more natural light for someone with seasonal depression
Return-to-work policies e.g. phased return – reduced hours gradually building up
Relaxing absence rules and limits for those with disability-related sickness absence
Agreement to give an employee leave at short notice and time off for appointments related to their mental health, such as therapy and counselling.
Reallocation of some tasks or changes to people’s job description and duties
More positive and constructive feedback
Debriefing sessions after difficult calls, customers or tasks
Identifying a ‘safe space’ in the workplace where the person can have some time out, contact their buddy or other sources of support and access self-help
