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.
just to add to above, when I said “an obviously weak case” that was the CLS gloss purely because it failed the prelim stage with a very weak judgement that accepyed such arguments by the employer as that it had lost the disabilty questionnaire – despite evidence of its receipt by recorded delivery being on the file.
Does show there are some successful lawsuits but what paltry compensation for the hurt and career damage. Unfortunately I didn’t even get that far. Applying for a job at a much lower level (I had been a city lawyer before an episode of illness) I didn’t even get a response. Tried to sue (I’m not a litigator but tribunal made no allowances). Firm did not even reply to disabilty questionnaire which is supposed to provide info for aggrieved party in recognition of how difficult it is to get behind potential employers’ excuses and (frankly) lies. Eventually got CLS aid and info which clearly showed lots of less qualified candidates interviewed. Unable to attend prelim hearing due to illness and tribunal threw it out. CLS unwilling to appeal an obviously weak case. I used to believe in the legal system – no longer. Being frank about one’s “disability”, I found the other side and the court and its officials – far from taking it into account as they should – used every trick in the book to delay, hamper, embarrass – in the hope of ending the case. Subsequently I applied for a caseworker job at the ombudsman )again well below my qualifications). Again I was upfront about previous periods of illness. First they said they had lost the application. Then they found it but said I did not qualify for the “guaranteed” interview because I did not seem to meet the basic requirements of dealing with complex problems and customer service – this with a CV containing three uni degrees, law school distinction, qualified as lawyer for 10 years, working in CITY. It wd be a joke if it were not so insulting. This time I was advised by family and friends not to bother with the legal system. The so-called anti-discrimination laws are equally a joke in bad taste.