• Robert Spicer

Disability discrimination: bipolar disorder: Watford ET decision

DISABILITY DISCRIMINATION

Refusal of employee to address process

Case Cornelius v London Borough of Haringey (2016) Eq Opp Rev 271:23, Watford ET

Facts Ms C was employed as an SEN caseworker by LBH. She has bipolar disorder. She complained of harassment, direct discrimination and failure to make reasonable adjustments in relation to a number of perceived incidents.

Decision 1. The complaints were dismissed.

  1. Ms C had not engaged constructively with LBH to resolve her issues at work. She declined mediation, did not provide full consent and did not engage wholly with occupational health. She refused to properly engage in meeting with management to assess her workload.

3.Ms C’s failure to engage in a process to get assistance from occupational health, particularly in relation to complaints about her workload, meant that it was unknown whether the claimant was put at a substantial disadvantage or whether the employer had taken all reasonable steps.

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