The claimant, a Deputy Technical and Quality Manager, alleged that he was dismissed because he made a number of protected disclosures under the NI public interest disclosure legislation. It was also claimed that the respondent failed to make reasonable adjustments to deal with difficulties due to his disability, namely bipolar disorder.

While the tribunal was satisfied the claimant made qualifying disclosures, the manner in which the respondent dealt with the claimant’s disability provoked astonishment. The tribunal criticised the fact that the respondent made no attempts to accommodate the claimant’s condition, describing the procedure as ‘a shambles’. Not only did the employer ignore the bipolar diagnosis and fail to clarify any steps which might have helped him deal with the appeal, but the diagnosis appeared to actually reinforce the ultimate decision to dismiss him.

Far from being sympathetic, the employer was more concerned with the fact that the claimant ‘effectively lied’ by failing to disclose the disability. It was held that the claimant was automatically unfairly dismissed.

Practical lessons

The tribunal accepted that the claimant’s condition ‘should have been disclosed’ but was unequivocal that the employer completely failed to take proper consideration of the claimant’s needs once it became aware of them. In describing the failures as ‘breathtaking’ the tribunal stressed that the respondent should have sought a further medical report, asking how the condition affected the claimant and whether there were any steps which might have made it easier for him to participate in the appeal. The fact that mental illnesses ‘can affect individuals in different ways’ the tribunal strongly signalled that employers should consider postponing an appeal and ensure that a medical report is provided to ensure fairness for the employee involved.