Jay
The employment solicitors at employmentlaw.co.uk acted for a well known recruitment company in a potential disability discrimination case.
Recruitment consultants have highly powered and stressful jobs and whilst they are very hard working, some consultants work hard and play hard and can be assertive to the point of being aggressive in the workplace. Our client employed a highly successful consultant whose behaviour at work became increasingly erratic. He had always had a habit of turning up late on some days, but this occurred with increasing regularity and, on some days, he seemed to forget to wash, change his clothes or shave, leaving his colleagues having to tolerate poor body odour. On other days he would be in the office at 6.30 am and work until late before going out for drinks. As he was so successful, these faults were noted and comments were made but little else was done until the owner of the business, Jay, decided to have a quiet chat. The consultant told Jay that he had been diagnosed with bipolar disease. Jay, with the consultant's permission and following our advice, told his line manager and a plan was agreed to help the consultant if he needed time off work.
Over the next month the consultant became more and more rude, to both his colleagues and clients. Eventually, he phoned Jay one weekend under the influence of alcohol and resigned, stating that he was no longer accepted because of his bipolar disorder and he would sue. Jay asked him to think it over but the consultant did not turn up for work on Monday. When he did turn up for work on Tuesday, he stank of alcohol, which prompted Jay to call us for advice. We recommended he be sent home immediately but still be allowed a cooling off period.
Eventually, Jay did leave our client's company and made a claim. The claim was not successful at the Employment Tribunal.