Joe Beeston comments in The Banker on US investment bank sleep hours dispute
Joe Beeston, Partner in Forsters’ Employment & Partnership team, has been quoted in The Banker in relation to a high‑profile US employment dispute involving a junior analyst at Centerview Partners. The case centred on allegations that the analyst was dismissed after requesting a protected overnight sleep period of eight to nine hours as a medical accommodation for a mood and anxiety disorder. The claim focused on disability discrimination and whether constant availability is an “essential function” of investment banking roles. It was closely watched across the financial services sector and settled shortly before trial.
While the dispute took place in the US, Joe highlights why it resonates for UK employers. He notes that although investment banking is inherently demanding, criticising or penalising staff for raising concerns about rest and sleep can carry legal risk in the UK. Employees may have physical or mental health conditions requiring adequate downtime, and failure to accommodate this, depending on the circumstances, could trigger disability discrimination claims, including a failure to make reasonable adjustments.
It is also important to consider the FCA’s move to strengthen workplace culture: behaviours like bullying and violence (which are arguably more likely in a stressful and sleep deprived context) need to be stamped out.
Often it’s about setting boundaries and ensuring expectations are aligned, especially in the new workplace which can have five generations working together. Inevitably there will be busy periods and staff will need to work late, but trying to realistically plan for that (and prioritising key tasks) goes some way to alleviate the workplace tension which triggers these types of complaints.
Read the full article here. (Paywall)
Subcribe to news and viewsClearly working as an analyst in an investment bank is no easy task and hours can be punishing. However, criticising or punishing staff for suggesting they need to sleep can be a risky game.
https://www.thebanker.com/content/c9ef2b12-ff81-4411-8fc8-eb4c891b3927
