Bipolar employee dismissed for gross misconduct for having a breakdown – awarded compensation by Employment Tribunal

I have been conducting research into legal cases involving people with Bipolar and have found this one regarding an employee who was dismissed for having a breakdown at work….

For details see the Disability Rights Commission website (UK organisation) http://83.137.212.42/sitearchive/drc/the_law/drc_legal_cases/impairment/mental_health_service_users_an/dismissal_of_person_with_bipol.html

Dismissal of person with bipolar affective disorder for alleged gross misconduct DRC00020

Summary: The client was diagnosed with Bipolar Affective Disorder. Her condition is adequately stabilised with medication. In April 2000 the client was dismissed from her employment for what her employer described as ‘gross misconduct’ after she had a mental breakdown at work and was admitted to hospital. The client considers that her employer discriminated against her by terminating her employment for a reason relating to her disability (i.e. dismissing her when she broke down at work) and failing to make reasonable adjustments to accommodate her particular needs.

Interest: The case highlights the issue of retention of a disabled person’s employment through the provision of reasonable adjustments rather than proceeding straight towards dismissal.

Outcome: ET held that client had been unlawfully treated less favourably because of her disability but did not rule that it was an appropriate case for the Respondent to make reasonable adjustments. At the Remedies Hearing on 23 July 2001 the Respondent was ordered to pay the total sum of £23,069.80 including an award of £8,000 (plus interest) for injury to feelings.