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Edinburgh Live
National
Jon Brady & Kris Gourlay

Scottish dad made to feel like 'nuisance' while battling mental health awarded £14k


A Scottish dad says he was made to feel like a "nuisance" while suffering from mental health issues under the employment of a huge whisky firm.

Danny Duployen, from Bo'ness, has won £14,000 in compensation from Scottish whisky firm Whyte and Mackay after staff reportedly refused to work around his struggles with depression and anxiety.

The 39-year-old former forklift worker says he was forced to return to full-time hours after working out a part-time routine that helped him recover from his health issues. A company doctor initially suggested reducing Danny's hours in 2021 after a course of medication made him lethargic and more exhausted than usual.

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However the company cited Brexit and Covid problems for prompting Danny to work full-time despite his poor mental state. The Record reports how Danny was forced to take a number of days off work but the firm withheld his sick pay after he turned up at Grangemouth to discuss a return to work.

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In September 2021 Danny, who also has autism spectrum disorder, resigned from his job after experiencing suicidal thoughts. The dad told how he had been left "ashamed and embarrassed" by his bosses, adding: "Whyte and Mackay's attitude towards me was very upsetting.

"I had done nothing wrong. This treatment towards me was unhelpful to my mental health problems. I wanted to tell my manager or supervisor that I'm unwell and want to go home, but I felt ashamed and embarrassed, and knew that their reaction would be one of frustration as if I were a nuisance.

"I didn't know what to do and almost felt like committing suicide in the warehouse."

Danny was awarded just over £14,000 recently for loss of earnings, discrimination due to a disability and compensation at an employment tribunal. It concluded that Whyte and Mackay had subjected him to "unfavourable treatment" that breached his contract.

Danny worked as a forklift driver for Scottish whisky firm Whyte and Mackay. (Google)

The tribunal heard that Grangemouth bosses had insisted Danny's request for reduced hours couldn't be honoured -- but they admitted they hadn't checked if extra staff were available to plug the gap via a contracted agency. The whisky firm, which employs over 550 people across Scotland, said it had "objective reasons" for its actions - a claim that was dismissed by the tribunal, which described the firm's approach as "inflexible".

Employment judge Alan Strain slammed the distiller for its "draconian and clearly excessive" actions against the forklift driver, but opted to make an award at the lower end of the scale, below what Danny had hoped for.

Danny added that the financial strain has almost destroyed his marriage and that he asked for his job back with Whyte and Mackay, although it was denied due to a "clear break down" of relationship.

The judge said: "The tribunal considers and finds that the Claimant [Danny] did suffer embarrassment, humiliation and distress as a consequence of the discriminatory treatment by the Respondent [Whyte and Mackay]. The treatment had a detrimental impact on his mental health and impacted on his relationship with his wife."

Danny added: "The award does not compensate for what I have endured and I have been left in a bad position. I am still working 12 hours per week as a takeaway driver and have little hope of finding another permanent job.

"I am hopeful, though, that I will be able to find some Christmas seasonal work soon. Losing my job from Whyte and Mackay and the way they treated me has caused me a great loss of confidence.

"It has also been unhelpful in the recovery of my mental health difficulties."

Whyte and Mackay said: "'At Whyte and Mackay we take our responsibilities as an employer seriously. We have reflected on the outcome of this case to ensure all learnings have been taken."

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