A former Customer Liaison Manager has been awarded £49,612 after her employer wrongly accused her of being under the influence of alcohol or drugs, leading to her dismissal. Samantha Dallimore was dismissed from her role at AT Transport Solutions in Corby, Northamptonshire, after experiencing drowsiness and confusion on March 14, 2024, which she attributed to her bipolar medication.
Ms. Dallimore had taken her bipolar medication during her lunch break, an unusual occurrence as she typically took it in the evening. The medication caused her to feel unwell, with impaired speech and drowsiness, shortly after returning to work. She mentioned feeling unwell to a colleague before falling asleep at her desk.
Upon waking, Ms. Dallimore exhibited behavior observed by colleagues as "erratic." However, instead of inquiring about her well-being, three colleagues reported her behavior to a manager at the end of the day. No one questioned whether she had consumed alcohol or taken recreational drugs, and she was permitted to drive home.
A director initiated an investigation, and Ms. Dallimore was suspended the following day. She later received a letter on March 19 alleging she was "under the influence and not in a fit state to work," classifying it as gross misconduct and a health and safety breach.
During a disciplinary hearing on March 25, Ms. Dallimore explained her symptoms were due to her bipolar medication. She also questioned the health and safety implications of her colleagues allowing her to drive home without offering assistance. Despite the manager listing various medical conditions that could cause such symptoms, including her bipolar medication, he stated she would be terminated "regardless."
In a letter dated April 25, the company confirmed her termination for gross misconduct, stating, "Regardless of what's said this is gross misconduct." Ms. Dallimore's appeal was dismissed, leading her to take the company to a Cambridge Employment Tribunal.
Employment Judge Isabel Manley found in favor of Ms. Dallimore, ruling that the investigation was unreasonable and that the company had failed to consider her concerns about her bipolar disorder and medication. The tribunal accepted that Ms. Dallimore had not consumed alcohol or recreational drugs, concluding that the accusation of intoxication was based on minimal evidence.
The judge stated that the disciplinary action and dismissal were not proportionate means of achieving a legitimate aim and constituted discrimination against Ms. Dallimore due to her disability. The award of £49,612 includes damages for discrimination, injury to feelings, future losses, a basic award, and a compensatory award.