HR Director wins Tribunal
A tribunal has ruled in favour of an HR director with ADHD. Sarah Bradley, claimed she was discriminated against by her employer, The Royal Mint, after they refused to allow her to retract her resignation.
Bradley argued that her decision to resign was impulsive and made while she was emotionally unwell, a consequence of her ADHD and other mental health challenges.
Background to the case
Bradley, who began working at The Royal Mint in 2009 and was promoted to HR Director in 2015, had a history of depression and anxiety dating back to 2013. In January 2022, she was diagnosed with ADHD.
Throughout her tenure, there were occasions where she had attempted to resign during moments of emotional distress, but the company had previously rejected these resignations, recognising that her mental state was a factor.
In May 2022, following an upsetting executive team meeting, Bradley informed her CEO that she wanted to go home and was struggling with her mental health. A few weeks later, Bradley again expressed her desire to resign. This time, the CEO accepted the resignation, noting that Bradley seemed composed and rational, in contrast to previous instances when she had been visibly upset.
The resignation was announced to the leadership team and Bradley confirmed it in writing a few days later.
However, in July 2022, after discussing the situation with her husband, Bradley sought to retract her resignation, claiming that her
decision had been made impulsively due to her ADHD and mental health struggles.
The Royal Mint refused her request, leading Bradley to take legal action, citing disability discrimination.
Tribunal expects occupational health advice
The Tribunal acknowledged that The Royal Mint had “legitimate aims” in not allowing Bradley to retract her resignation, as it
believed her decision was motivated by a desire for financial security and a change in career.
However, the Tribunal criticised the organisation for not considering Bradley’s disabilities in their decision-making process.
The Tribunal found that The Royal Mint failed to take appropriate medical advice concerning Bradley’s ADHD and its potential
impact on her behaviour, before deciding whether to allow her to retract her resignation.
It was specifically noted that while Bradley was receiving treatment from a private Psychiatrist, the employer should have sought a formal occupational health assessment to properly evaluate the situation.
The tribunal ultimately ruled that Bradley’s complaint of discrimination arising from her disability was well-founded.
Legal and practical implications
The case underscores the importance of employers being cautious when handling resignations from employees with known disabilities, particularly in situations where the decision may have been made impulsively.
The Tribunal highlighted the need for employers to seek medical advice and adapt their processes when mental health issues or
disabilities are involved.
Employers may wish to consider a “cooling-off period” and obtaining medical advice to ensure a resignation is a firm and rational
decision, should similar circumstances ever arise.
Employers are always advised to thoroughly investigate such cases, seek professional medical advice and consider reasonable adjustments, before making final decisions that could lead to claims of discrimination.
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