London Borough Of Hillingdon v Bailey - Failure to identify correct comparator led to flawed decision to require reasonable adjustments  EAT
Correct comparator in disability claim was other employees who by reason of illness were subject to the managing attendance policy but were not disabled
An Employment Tribunal found that London Borough of Hillingdon was under a duty to make reasonable adjustments to provide one to one counselling for Ms Bailey’s disability (long-term depression) and failed to do so. Ms Bailey worked as an Intensive Family Support worker who had been subject to misconduct allegations, put on the Capability procedure then went off on long term sick, put on the Council's Managing Attendance Policy (MAP) and thereafter never returned to work. Some counselling was offered to her by the Council but she rejected this as not being sufficient for her requirements. Following a number of meetings pursuant to the MAP, Ms Bailey was dismissed, having rejected ill health retirement proposals. Ms Bailey claimed disability discrimination.