A county court bailiff brought a mini Yorkshire terrier as an “emotional support animal” to work and lost her disability discrimination claim against the Ministry of Justice.
The employment tribunal heard that Ms Cullingford brought her dog Bella along when she enforced court order so she could “talk through” it with her whenever she felt anxious.
Other bailiffs noticed Cullingford driving with a dog and told her not to bring the dog on walks as it was not a service dog.
She told the Manchester tribunal that she got her dog around 2020, and because she was living alone. The terrier provided companionship and support to her during the Covid pandemic locksdowns.
Cullingford had surgery in early 2021 after being diagnosed with cancer a third time. She returned to work in January 2022, doing clerking duties at home.
She said that she was “the only bailiff required to move desks”, and that this was followed up by several “run-ins with managers and colleagues”.
Cullingford received a warning after Bella was seen in her car. She was not allowed to bring Bella into the office. Her line manager, Mr Shakeel, told her he was concerned that the dog might jump out of the vehicle.
Shakeel responded that it was not professional to wear a baseball cap in the office. Cullingford replied that her dog was always securely strapped. Cullingford responded by saying that it was unprofessional for her manager to wear a baseball hat in the office.
Shakeel told her that he would bring the issue up with the senior management team, but for the time being she shouldn’t bring Bella along with her to bailiff visits. The HR team informed her that they wanted to seek advice about the situation.
HR told Cullingford she needed to find alternative arrangements for her dog when she was at the office or out on routes. They explained that the dog did not have the legal right to be with her, and expressed concern about the dog’s health and safety.
The tribunal was able to see emails in which there were discussions about her anxiety, and that disciplining her may not be the best option. Cullingford had a series of consultations at Healthy Minds, an organization that provides mental health resources, but she told her manager her anxiety was worsening.
She consulted the Disability Forum of her department, who informed her that there is a distinction between an emotional support animal and a registered service dog. It provided guidance on what to consider and how to train a therapy animal for work.
The tribunal judgement stated that “this would have made a good place to start for addressing this issue”, but the email was not shared by decision makers.
Cullingford received a letter in March from her GP confirming that the dog was registered as a emotional support animal. Cullingford did not register the dog as she wasn’t sure if it would have any impact on her employer’s decision.
The HR and occupational health team investigated whether the dog’s presence could be part a workplace adjustment to help Cullingford with her anxiety. However, the final decision was made in April 2023 that HM Courts and Tribunals Service would reject the request.
She challenged the decision by stating that her cancer diagnosis was causing her anxiety and distress and that the dog had not been brought into the office but only her car.
Cullingford began early conciliation with Acas, and submitted her resignation.
The tribunal rejected her claim of disability discrimination because HMCTS “had legitimate concerns” about confidentiality, safety of her vehicle, her health and safety, and the risk that the dog would escape and interact with the public.
To be deemed a reasonable accommodation, it would need to reduce her disadvantage. According to the tribunal, this was not true. Therefore, her claim for reasonable adjustments was also denied.
The claim that she was harassed because of her disability has been dismissed.
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