In a recent employment tribunal decision, a county court bailiff who sought permission to bring her miniature Yorkshire terrier as an emotional support animal during home visits faced dismissal of her claims for failure to make reasonable adjustments related to a disability.
The tribunal also rejected her claims of disability-related harassment.
Ms. D Cullingford, the claimant, argued that bringing her dog, Bella, in the car would support her mental health and improve her job performance. Cullingford explained that Bella’s presence would help manage her anxiety, and, therefore, her request was an essential “reasonable adjustment.”
However, her request was denied.
Employment Judge Eeley, presiding over the case, acknowledged Cullingford’s “profoundly difficult circumstances” due to her recovery from three cancer diagnoses. The judge noted, however, that the evidence did not substantiate Cullingford’s claims, stating, “The provision, criterion, or practice (PCP) relied upon by Cullingford was not proven as pleaded.”
The tribunal clarified that there was no blanket refusal for dogs in bailiff cars, only restrictions on non-assistance animals.
Cullingford also faced challenges in demonstrating that her job’s confrontational nature exacerbated her anxiety. The tribunal observed that she did not report anxiety or work-related difficulties until after the issue with her dog arose, weakening her case.
The judgment concluded that without prior knowledge of her anxiety concerns, the employer’s duty to make reasonable adjustments was not triggered.
This case highlights the nuanced requirements in employment law for reasonable adjustments and emotional support animals. The tribunal’s decision underscores the importance of establishing clear connections between job demands, specific symptoms, and reasonable adjustments under workplace disability guidelines.
