Agency worker whose contract was cancelled hours after she disclosed her mental ill health was discriminated against, tribunal rules

An agency worker whose contract was cancelled hours after she disclosed her mental ill health was discriminated against, a tribunal has ruled.

The Reading tribunal decided that Ms Zalejska’s manager at Principal Medical made assumptions over whether she had “sufficient resilience for the role” after learning that she suffered from depression and was on antidepressants. 

The manager also questioned how her diagnosis would affect her ability to work with “unhappy patients”. 

The tribunal report added that her employer did not “seek to investigate the matter at all” or explore any “alternative solutions” before terminating her contract.

It also determined that Zalejska’s mental health history did not support the judgement that she could not perform the function, would have difficulty with patients or was too ill to work. 

The tribunal concluded that Principal Medical’s request to Cameo Consultancy, the recruitment firm, to terminate Zalejska’s contract constituted direct disability discrimination.

It added this was “less favourable treatment”, since it had been planned for her to work for them for 12 weeks but she was abruptly terminated on the third day of employment, which was a “detriment” under the Equality Act. 

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