Share on LinkedInShare on LinkedIn

ARTICLE · 29 FEBRUARY 2024

Should Mental Health Challenges Mitigate Misconduct Sanctions?

Herrington Carmichael LLP
Herrington Carmichael LLP
Contributor
Herrington Carmichael LLP

Herrington Carmichael LLP

The origins of the practice can be traced back over 180 years in Wokingham and 150 in Aldershot. It...

View firm profile
Explore more from Herrington Carmichael LLP

Having been dismissed due to allegations of ‘repeated inappropriate conduct', a scientist at AstraZeneca, Dr James Muir...

United KingdomEmployment and HR
Darren Smith
Darren Smith
Bridget Bailey
Bridget Bailey
Author LinkedIn connections

Having been dismissed due to allegations of 'repeated inappropriate conduct', a scientist at AstraZeneca, Dr James Muir, has been found by the Employment Tribunal to have been unfairly and wrongly dismissed and to have suffered disability discrimination. Dr Muir argued that his 'intimidating' behaviour was due to his disability; this being his mental health issues. This has highlighted the importance of following an appropriate investigation and disciplinary procedure and considering, if applicable, an employee's protected characteristics in the process.

Facts

Dr Muir commenced his employment with AstraZeneca (the Company) on 5 January 1998 and was dismissed on 11 December 2020. Dr Muir had a history of mental health issues including depressive illness and generalised anxiety disorder. The Tribunal observed records dating back to 2014 which included attendances at psychiatry and mental health clinics. It was admitted by the Company and medical professionals that

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UK Right To Work Checks: What Changes On 1 October 2026

The UK's right-to-work regime is undergoing a fundamental transformation that will extend compliance obligations far beyond traditional employment relationships. From 1 October 2026, businesses engaging contractors, agency workers, platform-based workers, and complex supply chains will face new liability risks that travel up entire contracting chains. Understanding these changes and implementing the required contractual terms, substitution controls, and identity verification systems is now critical for orga
United KingdomEmployment and HR
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Employment Case Law Update | Autumn 2026 – Unfair Dismissal, Equal Pay And Discrimination

Recent UK employment law decisions have reshaped how employers must approach part-time worker protection, philosophical belief discrimination, freedom of speech in academic settings, and equal pay claims. These landmark cases establish new precedents for workplace policies, disciplinary procedures, and compensation structures that could significantly impact organizational practices.
United KingdomEmployment and HR
Shakespeare Martineau LLP
Shakespeare Martineau LLP
Article

Acas Publishes Fully Revised Draft Code Of Practice On Disciplinary And Grievance Procedures

On 30 July 2026, Acas published a fully revised draft Code of Practice on Disciplinary and Grievance Procedures, marking the first comprehensive update since 2015. The proposed changes introduce significant new requirements around informal resolution, reasonable adjustments for disabled workers, and updated guidance on suspension, mediation, and the right to be accompanied at workplace meetings.
United KingdomEmployment and HR
Winckworth Sherwood LLP
Winckworth Sherwood LLP
Article

Reward Autumn Update 2026

The autumn 2026 edition of the Reward update examines significant proposals to reform directors' remuneration reporting requirements, including changes to the DRR and removal of the annual shareholder advisory vote. It also covers FCA consultation on solo-regulated firms' remuneration, the impact of Employment Rights Act changes on share plans, equal pay reform proposals, and updates to AIM rules affecting corporate governance and remuneration disclosure.
United KingdomEmployment and HR
Macfarlanes LLP
Macfarlanes LLP
Article

Employment Bulletin - September 2026

The UK Government is consulting on sweeping reforms to equal pay law that would introduce mandatory pay transparency in job adverts, reinstate statutory questionnaires for discrimination disputes, and create a new enforcement unit with investigative powers. These proposals, alongside recent tribunal decisions on union inducements, restrictive covenants, and discrimination protections, signal a fundamental shift in how employers must approach pay equity and workforce management.
United KingdomEmployment and HR
Slaughter and May
Slaughter and May