MANAGER AWARDED £50,000 AFTER WRONGFUL DISMISSAL FOR MEDICATION EFFECTS

Samantha Dallimore, a Customer Liaison Manager at AT Transport Solutions in Corby, Northamptonshire, has been awarded nearly £50,000 at an employment tribunal for unfair dismissal, harassment due to disability and disability discrimination. Ms Dallimore was dismissed after colleagues reported her to company directors on 14 March 2024, when she experienced drowsiness and impaired speech following her bipolar medication. She had taken her medication unusually at lunchtime during a half-hour break at a café that served no alcohol, rather than at her normal evening time when she usually takes it. Her colleagues did not enquire about her condition or offer assistance when she became unwell, instead concluding she had consumed alcohol during her lunch break.

Ms Dallimore was diagnosed with bipolar disorder in 2017 and takes medication to manage the condition's effects. When she returned to work after her lunch break, she was well for approximately 30 to 45 minutes before becoming unwell with drowsiness, confusion and impaired speech. She had not consumed alcohol or recreational drugs. Her colleagues allowed her to drive home but subsequently reported her to the company directors, who dismissed her regardless of her protestations that she had not drunk anything.

The tribunal found the dismissal wrongful and that Ms Dallimore had been subjected to harassment related to her disability. AT Transport Solutions operated from a warehouse in Corby with seven employees and two directors, liaising with companies using heavy goods vehicles for storage and transport. The tribunal's decision establishes that employers must make reasonable enquiries about employees' wellbeing before drawing conclusions about impairment or misconduct.