THE Co-Op’s HR department was “exemplary” when it handled the former CEO’s sick leave, the Royal Court heard yesterday from a forensic psychology professor.
Professor Thomas Fahy appeared in court to give evidence in the trial between the Co-Op and its former CEO, Colin Sinclair Macleod.
Mr Macleod members of the Coop’s board started to conspire to get rid of him, leading to him being off sick with work-related stress and eventually leaving the company in 2019. The Coop strongly denies the claim.
The trial began in June and was adjourned until this week.
Mr Macleod argued that he had been bullied and that it was clear to his employer that he was at risk of suffering a “psychological injury”.
But Professor Fahy, appearing in court yesterday, said that stress is not a psychiatric disorder, although it can precede a psychiatric condition.
He said: “Everybody feels stressed at times with work lot. It’s a normal human response.
“It’s not a psychiatric disorder.
“Stress is a normal, day-to-day human response.”
However, by the time he contacted his GP, Mr Macleod was “psychiatrically unwell”, the professor added.
He also said that ahead of his sick leave, Mr Macleod had been functioning “at the level of a CEO in a normal way”, not showing any external signs of a breakdown.
He described Mr Macleod being cut off from work communications as “totally appropriate medical advice”.
While Mr Macleod was off work in 2020, he was kept updated regularly, with a personal assistant visiting him at his home.
Prof Fahy said that this was “a lot of involvement”.
“It is keeping in touch. It could be argued that it was too much involvement.”
The plan would not mean Macleod was “isolated from work”, he said.
The court heard that Macleod was made anxious by work-related mail, and avoided this.
Prof Fahy was shown a letter from the Co-Op’s HR department telling Mr Macleod that his access to work computers and systems had been removed.
“The contact from HR seems to be exemplary,” he said.
“The focus is not on his work but on his wellbeing, with a focus on his recreational actions and family actions. They seem quite warm in tone.”
He said that there was an “unusual” amount of contact between the company and Mr Macleod.
“It would be unusual for a PA to have face-to-face contact with a senior executive. That strikes me as unusual and potentially counterproductive. There seems to have been quite a lot of contact.”
He added: “I think he wanted to remain in the loop… and exercise some of his CEO responsibilities even though he was on sick leave.”
Advocate Jeremy Heywood is representing the Co-Operative Society and Advocate Michael O’Connell is representing Mr Macleod.
Commissioner Matthew John Thompson is presiding, with Jurats Le Cornu and Powell sitting. The trial continues today.
