A Ministry of Defence employee has lost his claim for discrimination and harassment after complaining that he did not receive a good luck card when he left his job.
Mr Eyles began working for the MoD in 2020 as a defence accommodation stores manager, based at NATO in Belgium. He worked in this role for three years and left in July 2023, having been refused an extension to the post.
Eyles had informed the MoD of disabilities, including post-traumatic stress disorder (PTSD), depression, anxiety and paranoia.
Disability discrimination
Police Scotland constable who can’t work in cold weather awarded £43k
However, there was a dispute in the tribunal as to whether he had shared his issues with his manager when he joined in March 2020, or in December 2021, when a report was logged with occupational health following a suicide attempt.
The OH report suggested Eyles had been suffering from mental health issues over 16 months, “triggered by work-related stress”.
The tribunal heard that Eyles had been responsible for a team procuring household furniture and items for service families and staff. He was also responsible for a team in Germany, but in May 2021 this team was transferred to another manager as part of a wider restructure.
Eyles considered this to be a “demotion” and claimed that the change to his responsibilities had come about due to his disabilities.
A mix-up with some furniture in October 2021 led to him being “belittled and scolded” by his boss, claimed Eyles, and he was told he was “incompetent”.
In December, he filed a grievance, claiming that he was subject to harassment and bullying from colleagues. His line manager was changed to minimise their interaction.
In February 2022, Eyles issued a first claim with the employment tribunal of disability discrimination. This was the first of two claims, with the second lodged in July 2023 – the tribunal made the decision to consolidate the two.
In September, he was told that his request to extend his post in Belgium by two years would not be granted. Then in November, he applied for a position as housing manager but was rejected.
Four months later, an offer of a role as a repair department manager in Germany was withdrawn, on the basis that he was “not medically supportable”.
The tribunal heard that the offer had been withdrawn following medical advice on the grounds of alcohol misuse and self-harm, which could not be locally supported at the base in Germany.
When his three-year placement ended in July 2023, Eyles did not receive a good luck card, which he deemed to be harassment based on his disability.
This was not an isolated occurrence; the tribunal heard that “not everyone had a presentation or received a good luck card when they left”.
Eyles’ claims of disability discrimination, harassment, unfavourable treatment, failure to make reasonable adjustments and victimisation were dismissed as not well-founded.
On the lack of a good luck card, Employment Judge Hutchings said: “Subjectively this was unwanted conduct as [Eyles] was upset that his departure was not formally recognised.
“There is no evidence the reason he did not receive a card or presentation was due to his disabilities. His line managers were off sick at this time so could not organise.
“In any event, it was discretionary for colleagues to arrange this. For these reasons, we conclude that this complaint of harassment related to disability fails.”
The judge also found that there was no evidence that changes to Eyles’ responsibilities were due to his disabilities, rather that his manager did not know the extent of his mental health issues at the time.
The reasons that his tour was not extended were due to an “operational restructuring decision” and were not related to his filing his first tribunal claim.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Employee relations opportunities on Personnel Today
Browse more Employee Relations jobs
