My daughter recently left her job after 5 years as a human resources administrator with a large public body.
For most of that time she had suffered from bad migraine attacks causing her to be absent from work on several occasions. Despite the fact that the illness was genuine and she produced the necessary sick notes when required to do so ( on many occasions she had made the effort to attend work despite being ill) the employer used all absences except holiday leave in calculating her "Bradford Score" which I understand is a method of reviewing performance in the workplace and assessing the employee's value to the organisation.
After she had been required to attend several meetings to explain her attendance record we challenged the employer and they eventually agreed that migraine is recognised as a disability under the Equality Act. Following further attacks earlier this year my daughter was required to attend a further meeting at which she was informed that the "policy" was being escalated and that dismissal was a distinct possibility. They recognised that her work was excellent and that she was a key part of the team but said that they had no alternative but to escalate the procedure.
We feel that the employer has been guilty of victimisation over several months if not years. My daughter has been under constant emotional pressure due to the worry of being absent and resultant disciplinary action.
At the final meeting my daughter became extremely distressed and felt she was having a nervous breakdown. Following a discussion with the family it was decided that she should leave the job rather than be subjected to further humiliation
and possible dismissal. She had no alternative employment arranged and was in fact signed off work by her GP for the last week of her notice period.
I would like to know whether you consider that a claim for constructive dismissal would have a realistic prospect of success or whether any other form of redress is open to my daugher. She has kept a careful diary of events as well as all correspondence and minutes of meetings. We feel very strongly that the employer should be prevented from treating others in this way.