An army veteran with post-traumatic stress disorder (PTSD) who was dismissed from his role as a prison officer after taking nearly 100 days of sick leave has been awarded £82,000 in compensation. Morgan Armstrong, who served in Iraq and Afghanistan, worked at HMP Manchester from 2019 to 2023. He was sacked following an extended absence totaling 98 days due to his PTSD.
Background of the Case
The Prison Service issued two formal notices to Armstrong, but he received contradictory letters regarding whether he was subject to disciplinary action. An employment tribunal ruled that his dismissal was unfair, as PTSD is legally recognized as a disability.
Conflicting Communications
Armstrong had taken 39 days off over three years when his employer issued a first formal warning. However, he was later told he would not face disciplinary action. In a meeting with manager Wayne Howard, Armstrong was informed he would receive a 'final formal warning,' but was again given the wrong letter, which stated: 'I am not pursuing formal action on this occasion.'
Impact of Duties on Mental Health
In September 2023, Armstrong was told he would be moved to 'external' duties, which he had hoped for. Instead, he was assigned visiting duties, causing a 'massive dip' in his mental health and leading to a prolonged absence. Medical reports indicated that it could take 'a few months until he feels well enough to return when his medications take full effect.'
Employer's Interpretation
Armstrong told manager Simon Eve he would return when his sick note expired. Prison bosses interpreted this as him being completely unfit to return, which the tribunal said 'was not what the report said at all.' In a meeting on December 11, 2023, it took just two minutes for bosses to decide to dismiss him. An appeal was refused, and he was not asked if he could return to his job.
Legal Findings
Employment Judge Phil Allen concluded that Armstrong's mental health issues would have made him appear out of character. He stated: 'What Mr Knight might have been interpreting was the demeanour that would be expected of somebody with anxiety, depression and PTSD, particularly someone who was having issues with their medication at the time.'
The tribunal found that Armstrong had been unfairly dismissed, had suffered unlawful discrimination arising from disability, and that the Prison Service had breached its duty to make reasonable adjustments. The total compensation of £82,067.62 includes a £3,500 basic award, £30,000 compensation, £41,000 in losses, and £7,700 in interest.
Conclusion
Employment Judge Allen concluded: 'The employer could have been expected to wait longer for the claimant's return.' The Prison Service has been contacted for comment.
