An employment tribunal has held that it was discrimination arising from disability for an employee with mental health problems to be dismissed without a proper examination of the reasons for his erratic behaviour.

Dismissal for behaviour arising from disability was discrimination

In Nally v Freshfield Care Ltd, the employment tribunal held that the employer discriminated against an employee when it dismissed him because of behaviour arising from his disability.

About 18 months into his employment, care worker Mr Nally told a resident with dementia to “shut up”.

He told the deputy manager that he had post-traumatic stress disorder (PTSD), had been experiencing anxiety issues and was receiving counselling.

The deputy manager informed him that he would be monitored for two weeks and that a medical report could be obtained. The claimant provided his doctor’s details, but the employer did not obtain a medical report.

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Two weeks later, the claimant had an argument with another worker. He was subsequently dismissed.


To read the rest of this article please visit the original post as this is only an excerpt as the original article is currently not available for full republication.

This article excerpt was sourced from the website Personnel Today and the original article can be found at Dismissal over erratic behaviour was disability discrimination.

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  1. Providers of education must not discriminate against disabled students or applicants by failing to make reasonable adjustments to allow for their disability.

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