A bank worker has won £22,000 after her boss rang her while she was off sick and on holiday to ask her not to post pictures of cakes on Facebook. Victoria Lindsay, who suffers from PTSD, was signed off work with severe anxiety but continued to experience distress due to regular check-up calls from the manager, an employment tribunal heard.
The HBOS manager - named only as Ms Jallow in the tribunal's ruling, unreasonably questioned the mortgage adviser's medication and without any justification insisted she ask her doctor for a review of it. When Ms Lindsay took a family holiday, just a day into the trip Ms Jallow then called her to tell her to 'be mindful' about posting pictures of cakes she baked on Facebook.
Ms Jallow warned her about the 'impact' posting images of her cakes would have on colleagues while she was off sick - but Ms Lindsay explained it was simply a hobby which was 'therapeutic' for her mental health. The call on December 17 last year caused Ms Lindsay such distress she suffered a 30 minute panic attack in front of two of her children and she later resigned.
Now, Ms Lindsay, who worked for the bank in Hamilton, Scotland, for over 20 years, has won £22,304 after suing HBOS for constructive unfair dismissal. Employment Judge Amanda Jones, sitting at Glasgow Employment Tribunal, ruled Ms Jallow had no reason to call her on December 17 and that it contributed to her already increasingly anxious state.
The hearing was told Ms Lindsay, who has had PTSD since 2016, suffered a panic attack in October last year following a significant family issue and went off work sick. She became increasingly worried about a return to work and was 'filled with fear'.
Ms Lindsay asked if it was necessary for Ms Jallow to call her so regularly while she was off, and Ms Jallow incorrectly informed her she was required to contact her every 10 days.During a call in November, Ms Jallow questioned Ms Lindsay's medication and urged her to review it as well as the care her doctors provided, despite Ms Lindsay being happy about it.
Then on December 17, when Ms Lindsay was on holiday in Blackpool and not expecting any calls, Ms Jallow phoned her. "Colleagues at the Hamilton branch had reacted negatively to a post made by Ms Lindsay regarding cakes made by her during her absence from work", a tribunal report said.
A report added: "Ms Jallow called Ms Lindsay from a withheld number (which was not her normal practice). Ms Lindsay was in a shop in Blackpool with her family and said she would phone her back. "When she called Ms Jallow, Ms Jallow asked her how she was. Ms Lindsay expressed surprise at the call as she had understood there would be no contact with her before January 17.
"Ms Jallow told her that senior management had brought to her attention her social media presence regarding the cake making business which she operated. "Ms Lindsay was told to be ‘mindful’ of the impact posting about this would have on colleagues when she was off sick.
"She said she had not been doing anything wrong and this was a hobby which was therapeutic and had been approved by the bank. "Ms Lindsay explained that she was on holiday with her family, that Ms Jallow knew she overthought issues and she was surprised she had contacted her when she knew she had been unable to take her call two days before.
"Ms Jallow offered to pick up the issue next week and she said no. Ms Jallow told her she had taken advice from HR before calling and had been advised to make the call. At this point Ms Lindsay became so distressed that her partner had to take the phone and told Ms Jallow she was now having a panic attack, that she should confirm anything in writing and that she did not want further contact the following week."
Ms Lindsay later resigned in January 2022, saying 'I feel so let down by the company and I can’t expose myself to that again'. The tribunal ruled that Ms Lindsay's claim of constructive unfair dismissal succeeded.
Judge Jones said: "Ms Lindsay said that the distress caused to her was horrific... She had permission to engage in her cake making business, which she operated as a hobby and was therapeutic for dealing with her anxiety.
"She had posted on Facebook saying she hadn’t posted for six months and was posting pictures of cakes she’d made over that period. There was nothing blameworthy about her conduct.
"While it may well be that staff at the branch made comment about this while she was off sick, the Tribunal found that there was no proper reason given for raising this with Ms Lindsay at the time the bank raised it or indeed at all."
The judge added: "Ms Jallow knew or should reasonably have known that calling Ms Lindsay unannounced about a work related matter which was not urgent and in which her conduct was being criticised, would cause her significant distress."
Ms Lindsay now runs her own mortgage adviser company.
