Employers Strike Back!

Bucking the recent trend of all manner  of  claims  being brought against hapless  employers,  Cheltenham Borough Council  has taken a robust and unusual  stance by suing a former senior manager for over £1m after she failed to disclose on her application form  that she  suffered from depression. It is claimed that this  led to her having  considerable time off work on full pay before she eventually left her post with a substantial pay off  which the council is now seeking to recover  in an action for damages for her "fraudulent or negligent misrepresentation"

It is thought to be the first case of its kind  and if successful will strike a blow for employers struggling to cope under the weight of UK employment legislation which many feel is too heavily weighted in favour of employees ( witness the recent European ruling regarding holiday pay for the long term sick ) .

In  principle there is no reason why an employer cannot sue former employees for loss  or damage suffered as a direct consequence of  their actions but in practice it is very rare in view of the problems posed by the legal burden of establishing that the employee was at fault. In addition, most employees may not have the means or assets to meet the claim.

Indeed we are currently handling a case for a client facing a disability discrimination claim in the tribunal brought by an employee who worked for a very short period of time( and who cannot therefore claim unfair dismissal) before being dismissed  for absenteeism and poor performance which she now attributes to her suffering from ADHD. This was not disclosed on a pre employment medical questionnaire and on the contrary she stated she was not suffering from any condition or taking any medication , a blatant lie as it turns out.

Employees who lie on their CV's or who produce fictitious references to obtain plum jobs may find themselves similarly at risk.