HMRC worker sacked after row with boss about taking New Year’s Eve off wins £250,000 payout

Elaine Worsley was suffering from depression when she was dismissed after 45 years of service

An admin worker with HMRC who suffered from depression has won almost £250,000 in compensation after being sacked following an argument with her “robust” manager, who she said made her life “a misery”.

Elaine Worsley, who had been employed by HMRC for 45 years, fell out with Linda Marrison after her boss refused to let her take New Year’s Eve off, an employment tribunal heard.

Ms Worsley ended up going on leave due to anxiety caused by the deterioration of their working relationship, and later felt “suicidal”. Her request to be moved to a different team was denied, and she was fired from the organisation.

The Manchester hearing was told Ms Worsley had worked at the organisation as an administrative officer at the city’s HMRC office since leaving school in 1970. The two women had been close up until 2014, even buying each other chocolate and flowers, the panel heard.

But their relationship took a turn when Ms Worsley’s request for four days’ leave over Christmas, including New Year’s Eve, to go on holiday to Wales was rejected.

Ms Marrison told Ms Worsley that holiday time at that point was a “wish list”, which she found “unfair” as she “never” took time off in summer and was “owed a substantial amount of holiday”.

The two women had a meeting on 13 October, which was attended by their colleague Helen Mitchell, who said she “firmly believed” the pair’s relationship breakdown had “stemmed” from the annual leave dispute.

Ms Mitchell said Ms Marrison was unwilling to “meet Ms Worsley halfway” and was standing her ground and “asserting her authority”.

Ms Marrison also refused Ms Mitchell’s offer to work New Year’s Eve to cover for Ms Worsley, the tribunal heard.

Ms Worsley considered there to be a “clash of personalities” between her and her boss and something that could only be rectified if she moved teams. To this suggestion, Ms Marrison “didn’t look up, and responded ‘like that’s ever going to happen’”.

The pair clashed again in November after Ms Worsley forgot about a meeting.

Ms Worsley told her boss to leave her alone or she “may as well go home” to which Ms Marrison “snapped” back, saying, “well go on then go home, go on, go”, leaving Ms Worsley feeling “distraught”.

Ms Worsley told the hearing: “To tell anybody as depressed as I am to go home to an empty house where I have no support is despicable.”

On 1 December, Ms Worsley submitted a nine-page document alongside a letter from her GP describing her depression, “detailing allegations of bullying by Ms Marrison”.

Following this, Ms Marrison banned her from working overtime “with immediate effect” to “help you to maintain a more healthy work/life balance”.

Ms Worsley told the court that work was “her rock” and she “enjoyed” overtime, relying on it financially.

The admin worker went off sick on 18 December and by March 2015 felt “extremely unwell”, suicidal and “isolated” from her colleagues who could have supported her, the hearing heard.

In March, she wrote to HMRC stating that she could return to work as long as she was “separated” from Ms Marrison as her manager.

On 13 April 2015, Ms Worsley was dismissed after the tax collection agency concluded there was “no prospect of you returning to work within a reasonable time”.

After her appeal against the decision was dismissed, she took HMRC to the employment tribunal.

Employment Judge Anthony Ross said Ms Marrison “lacked sensitivity” and “did not seem to be aware of the guidance about possible signs of depression and mental health”.

He continued: “Ms Worsley had an extraordinary length of service, of over 40 years. She was absent from work for a relatively short period of time on sick leave of less than 3 months when the decision to dismiss was taken.

“We find a reasonable employer of this size and undertaking in the above particular circumstances would not have dismissed her.”

He added that there was “no clear explanation” as to why Ms Worsley couldn’t be moved to a different team.

She was awarded a sum of £243,957.28 in compensation, made up primarily of a loss of earnings award, but also £20,000 for injury to feelings as well as £25,000 for personal injury.