Bailiff loses discrimination claim after boss bans her bringing emotional support dog to work
17 October 2024, 19:53
A Bailiff who sued her employer after she was banned from bringing her 'emotional support' dog to work has lost her disability discrimination claim.
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Bailiff Deborah Cullingford had worked as a County Court Bailiff in Leeds for over a decade before getting Bella in 2020.
A three time cancer survivor who suffers from anxiety, the Bailiff, who conducted debt collection in and around the city, began regularly taking her Yorkshire Terrier, Bella, with her to jobs.
She claimed the dog was a "reassuring and calming' presence" in an otherwise stressful environment, quickly forming a firm bond with canine.
However, the ban was then issued by her employer after Cullingford's colleagues discovered that Bella was not, in fact, a guide dog.
The judge ruled bosses had "legitimate concerns" about allowing a dog, that was not a trained guide dog, in the workplace.
Bailiff Deborah Cullingford said that Bella provided a sense of comfort for her, sharing with the court that Bella even stopped her from taking her own life.
She stated the dog was "the reason she did not end her life when she felt depressed and could barely face the day".
In 2021, Ms Cullingford received a third cancer diagnosis and was placed on sick leave for approximately three months.
She returned to full duties the following year, with the dog providing a sense of "calm".
“My dog enables me to work more effectively and focus more easily,” the bailiff said.
The hearing heard how the bailiff's bosses took legal advice on the subject following reports from colleagues.
They went on to highlight the difference between a registered assistance dog and animals labelled 'emotional support dogs' under the Equality Act 2010.
After instating the ban, the judge heard that Ms Cullingford went on to quit her job as a County Court Bailiff.
She also accused her employer of disability discrimination - claims the judge later dismissed.
Ms Cullingford went on to obtained a statement from a GP, who claimed the bailiff would “pour out her feelings” to Bella when anxious.
Legally, emotional support dogs have a far weaker claim in the workplace than official “service animals” such as guide dogs for blind.
Such animals who assist the blind are protected under equality law, however, employers are under no legal obligation to allow emotional support dogs into the workplace.
Dismissing her claim, Judge Rebecca Eeley acknowledged that it had been “a very difficult and distressing time” for Cullingford.
They added that in some situations, her bosses “did not evidence the kind of care and compassion that the tribunal might have expected to see in a case of this sort”.
