Woman with bipolar disorder wins £50,000 after bosses accused her of being drunk

Woman with bipolar disorder wins £50,000 after bosses accused her of being drunk Samantha Dallimore went out for lunch at a café that did not serve alcohol, before feeling 'drowsy' and 'not right' after taking her medication - Bookmark A transport manager has been awarded nearly £50,000 after she was wrongly accused by her bosses of getting intoxicated during her lunch break, when she was in fact experiencing the effects of her bipolar medication. Samantha Dallimore went out for a half-an-hour lunch at a café that did not serve alcohol, before feeling ”drowsy” after taking her medication. Her colleagues did not ask how she was and did not assist her even when she fell unconscious, instead wrongly believing she was “out of it” from a boozy lunch. They let Ms Dallimore drive home at the end of the day, but then reported her to the company directors. After protesting that she had not consumed a drop of alcohol, managers said it did not matter, and she was being fired ”regardless”. She has now won nearly £50,000 at an employment tribunal for unfair dismissal, harassment due to her disability and disability discrimination. Ms Dallimore worked as a Customer Liaison Manager at AT Transport Solutions in Corby, Northamptonshire. There were seven employees and two directors who worked at the company warehouse, which had a reception area and an office. Companies would send heavy goods vehicles to and from the warehouse to store and transport goods, and it was Ms Dallimore's job as a Customer Liaison Manager to liaise with the businesses who hire them. Ms Dallimore was also diagnosed with bipolar disorder in 2017 and takes medication to help with the effects of the condition. On the morning of March 14 2024, the manager raised with one of the company directors that she felt “frozen out” of work and that her jobs were being given to someone else. She felt ”a little low” that morning, but between 2pm and 2:30pm she went out for lunch with a friend at a local industrial café called Tuckers where no alcohol is served. Ms Dallimore did not have any alcohol or recreational drugs, but said she did “take her bipolar medication at lunch, unusually, because she normally takes it in the evening, because it can make her drowsy”. She returned to work about an hour later and “was fine for around 30 to 45 minutes”. Ms Dallimore then began to feel ”unwell with impaired speech, drowsiness, and confusion”. which she mentioned to a colleague before falling asleep for some time. Apparently, three colleagues witnessed the behaviour, which lasted just over an hour, but no one asked Ms Dallimore about it or even inquired if she was alright. They did, however, report it to a manager at the end of the day. Ms Dallimore left at the end of the working day to drive herself home after “asking if people had seen her car keys”. She “found them and apparently dropped something as she was leaving”. No one asked if she had drunk anything or taken drugs, and everyone let her drive herself home. A director heard about what happened and he asked manager Mr Murray to investigate, so Mr Murray suspended her the very next day. She was not told the reason, although she asked, until she received a suspension letter almost a week later on March 19. It read: “It is alleged that on March 14 2024 you went out for lunch and returned to work under the influence and were not in a fit state to work. "This is a serious health and safety breach and as such could result in dismissal for gross misconduct.” A witness statement from another member of staff said that Ms Dallimore had been “normal” before lunch and “upon her return seemed out of sorts, her eyes rolling and with an out of it look”. It mentions “erratic conversation with mumbled speech” and that “she fell asleep at her desk before waking to go home”. Another statement said she was “completely out of it as if she was high /drunk, her eyes rolling and slurring her speech”. After being notified of the disciplinary action, Ms Dallimore raised a grievance that the situation “affected her mental health, referring directly to her bipolar disorder” - but it was not dealt with. A disciplinary hearing went ahead on March 25. Ms Dallimore told Mr Murray that she had said to another member of staff at the time: "I don’t feel right. I feel drowsy.” She “questioned whether it was not a breach of health and safety for her colleagues to take no action, letting her drive home and not asking her if she was okay or needed a medic”. The manager also took the chance to list 20 health conditions that could have caused the symptoms, such as ataxia, epilepsy, a stroke - and even mentioning her bipolar medication. However, Mr Murray said that even if it was due to her medication, she was getting fired “regardless”. On April 25, he wrote to Ms Dallimore about the conclusion of the hearing, saying: "We said alcohol or drugs, you mentioned meds. "Regardless of what’s said, this is gross misconduct. With everything taken into account, we are terminating your contract for gross misconduct.” Ms Dallimore was “upset” and appealed the decision, with her own mother writing: "The doctor having informed her that yes, it was likely a bipolar episode and has referred her back to the hospital where he has advised that she ask for a letter confirming/explaining this.” However, the appeal was dismissed, so Ms Dallimore took the transport company to a Cambridge Employment Tribunal. Here, Employment Judge Isabel Manley agreed with her claims of disability discrimination, harassment due to her disability and unfair dismissal. Judge Manley said: "There was no reasonable investigation as Mr Murray paid no attention to [Ms Dallimore’s] concerns. "There were no further questions put to her on bipolar episodes or medication. "To put it bluntly, there is no other explanation for the manner [Ms Dallimore] was presenting on March 14, as the tribunal has accepted that she did not drink alcohol or take any recreational drugs. "The accusation being under the influence of drink/drugs was made on very thin evidence. "The disciplinary action and the dismissal which followed thereafter were not necessary in the circumstances and did not amount to a proportionate means of achieving that legitimate aim. "There is a clear discriminatory effect of [the company's] actions because [Ms Dallimore] is a person with a disability." Ms Dallimore has now been awarded £49,612 by the tribunal, consisting of £20,989 for damages from discrimination, £20,955 for injury to feelings, £5668 for future losses, a £1,557 basic award and a £441 compensatory award.