Sacked prison officer with PTSD from Afghanistan wins £82,000 after taking 98 sick days
An army veteran with PTSD who was sacked from his prison officer job after taking nearly 100 days off has won £82,000.
Morgan Armstrong served in Iraq and Afghanistan and in Europe worked at HMP Manchester from 2019 to 2023.
But he was sacked affter he took an extended period of absence totalling 98 days due to his PTSD.
The Prison Service had served him with two formal notices, but Morgan received two contrasting letters telling him whether he was subject to formal disciplinary action.
An employment tribunal has now ruled he was dismissed unfairly, as PTSD is a legally recognised disability.
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Boss Robert Knight argued Morgan was ‘blasé’ about his absence but Judge Phil Allen concluded his mental health issues would have made him appear off-character.
He said: ‘We would observe that 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.’
How did it happen?
Morgan had taken 39 days off over three years when his employer said he was given his first formal warning. Instead he was told he will not face any disciplinary action.
During a meeting with manager Wayne Howard, Morgan was told he was being given a ‘final formal warning’, but again was mistakenly given the wrong letter, the Daily Mail reports.
It read: ‘I am not pursuing formal action on this occasion.’
Morgan was told in September 2023 he was being moved onto ‘external’ duties like he had hoped, but was instead placed onto visiting duties which caused a ‘massive dip’ in his mental health and a prolonged absence.
Shortly after he was told he had another meeting to explain his absence, and medical reports prepared said ‘it could take a few months until he feels well enough to return when his medications take full effect’.
No date was given for his return but he told manager Simon Eve he would return when his sick note ran out.
This was interpreted by prison bosses as he was completely unfit to ever return, which the tribunal said ‘was not what the report said at all’.
It took just two minutes for bosses to decide to sack him in a meeting on December 11. An appeal was refused, and he was not even asked if he could return to his job.
Employment Judge Allen found the soldier had been unfairly dismissed, had suffered unlawful discrimination arising from disability, and that the Prison Service had breached its duty to make reasonable adjustments.
In all, he was paid £82,067.62, made up of a £3,500 basic award, £30,000 compensation, £41,000 of losses and £7,700 of interest.
Employment Judge Allen concluded: ‘The employer could have been expected to wait longer for the claimant’s return.’
Metro has contacted HMPS for comment.
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