Anglian Water have been found to have a harassed an former employee in attempt to get her to return to work whilst recovering from surgery according to a tribunal report.
In an employment tribunal held last month, Anglian Water were found liable for harassing Crette Berry three times while she was recovering from a hysterectomy.
She also claimed that the company did not make reasonable adjustments for her disabilities and that she was forced to leave as she felt discriminated because of her disabilities, but these claims were dismissed.
Miss Berry had been suffering with endometriosis for almost 10 years, which is a medical condition where the uterus lining grows outside of the uterus into other areas of the womb causing extreme pain, tiredness and anxiety.
Throughout her employment with Anglian Water, Miss Berry said she experienced bouts of "brain fog" that prevented her from concentrating and that she would like to change her working hours.
By August, repeated days off due to gynaecological issues and other sickness meant that Miss Berry had triggered the company's absence trigger point, requiring a probation meeting.
The verdict of the meeting was that Miss Berry was performing well but had taken nine and half days off in her probation period, which would have to be reviewed.
The tribunal also heard that Miss Berry also suffered from depression, anxiety and pain from her endometriosis prevented her from driving to work and she started a long term absence from her work in September 2022.
Repeated attempts to hold a physical absence meeting between the company and Miss Berry took place throughout November.
The report said it was around November 7 that the relationship between her and her employer "had completely broken down".
In December, Miss Berry underwent her hysterectomy and began recovering at home.
On January 5, 2023, the company sent a letter rearranging an absence support meeting, held via video conference, meant to "discuss the possibility of helping you return to work and the support required to help you achieve this."
The next day, a report from Occupational Health said that she would be fit to return to work meetings remotely after her surgery and that wellness regular breaks should be given.
Miss Berry received WhatsApp messages on January 10 and 12 urging her to get in contact and attend the absence meeting which had been rescheduled for January 13, which was repeatedly denied by Miss Berry due to her condition.
The tribunal viewed a series of WhatsApp exchanges between Miss Berry and her line manager Leanne Harper over the course of her illness.
It was these dates in which the company was found in breach of harassment.
In reply to the attempt to meet on January 13 a friend of Miss Berry replied to the company ending the message with "the pressure you are putting on her is unfair and immoral".
A attendance support meeting went ahead in Miss Berry's absence on February 17 and a letter was sent to her.
In the letter Anglia Water said they welcomed an opportunity to speak at her convenience over telephone and not through text and WhatsApp.
The letter said: "The business cannot sustain your non-attendance to work indefinitely therefore after careful consideration I will be arranging a probationary review meeting with you at which your attendance will be discussed further."
Miss Berry resigned from Anglian Water on February 25 and officially ended her employment with them in March 2023.
Following An Anglian Water spokesperson said: “We take looking after our people incredibly seriously, and are pleased that the judge and panel found no failing in our overall people management processes.”
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