Ex-Royal Mint HR director wins employment tribunal case

Martin Shipton

The former HR director at The Royal Mint has won an employment tribunal case after not being allowed to rescind the resignation she submitted impulsively as a result of her ADHD condition.

The Cardiff tribunal decided to uphold Sarah Bradley’s claim of discrimination after two psychiatrists testified in her favour.

The Royal Mint’s chief executive Anne Jessopp accepted Mrs Bradley’s resignation from her £123,000 job, believing that her reason for quitting was that she wanted to get a higher paid job in London. She had previously sought to resign on several occasions, but Ms Jessopp had taken the view that such behaviour was attributable to her ADHD.

Anxiety

Mrs Bradley joined The Royal Mint at Llantrisant in 2009 and was promoted to director of HR in 2015. Around 2013, she was diagnosed with depression and anxiety. In 2019, both her mother and mother-in-law passed away. In an executive team meeting, she resigned, had an emotional meltdown and “exploded” Ms Jessopp refused to accept her resignation as she was unwell.

Mrs Bradley developed fixations with members of staff who she perceived were not performing well, and the management team was led to intervene and assist in managing these individuals as a result. She refused to work with one employee, referred to as M, meaning Ms Jessopp had to act as an intermediary.

In February 2021, Mrs Bradley approached Ms Jessopp, sobbing uncontrollably and saying that working with M was making her ill, and if he was not sacked she would leave. Mrs Bradley then took time off work. Ms Jessopp again refused to accept the resignation as she recognised the HR director was unwell.

Mrs Bradley was diagnosed with ADHD in January 2022. Ms Jessopp asked if there was any professional help that could be offered to support her, but Mrs Bradley declined as she was already working with a private psychiatrist.

Meltdown

She had a further meltdown after feeling “out of sorts” because she was on the wrong dose of medicine and took time off. Two days later she sent Ms Jessopp a message, saying: “Mania over… just feeling exhausted now… I am so, so sorry about this … You are probably at the end of your tether by now. If you want to have a ‘conversation’ with me about a leaving plan, I will totally understand.”

Ms Jessopp told her in response “not to be so silly”, and that she was proud of her for how she was dealing with the ADHD diagnosis.

Later Mrs Bradley again told Ms Jessopp she wanted to resign. On this occasion the CEO decided to accept the resignation after Mrs Bradley told her that money had become important as her husband was retiring, making hers the only income, and she was looking to pursue a career in the interim market in London. Mrs Bradley also said she had been with the Royal Mint so long that things felt repetitive and stale.

But after speaking to her husband, Mrs Bradey changed her mind and said she wanted to rescind her resignation. Management refused, saying they had already announced her departure and that steps were underway to appoint a replacement.

Medication

Consultant psychiatrists representing Mrs Bradley and The Royal Mint, gave a joint statement to the tribunal which said: “We agree that Mrs Bradley has a diagnosis of ADHD), along with depression and anxiety over many years.

“We agree that at the time of her resignation, her mental state was significantly affected by changes in her psychotropic medication – her ADHD medication dosage was initially increased then reduced due to Mrs Bradley experiencing prominent side-effects; around the same time, she had taken it upon herself to reduce and stop her antidepressant medication.

“We agree that at the time of her resignation, her mental state was significantly affected by the side-effects of ADHD medication and likely withdrawal effects of stopping antidepressant medication.

“We agree that sex hormones play an important role in brain health, and that having a pause/break in her hormone replacement therapy, also likely had a clinical significant effect on her mental health, in the lead-up to her resignation.

“We agree that the above factors had a significant influence on Mrs Bradley’s decision to resign from The Royal Mint in June 2022.

“We agree that the refusal for The Royal Mint to accept the rescindment of Mrs Bradley’s resignation, further negatively impacted her mental health, to a significant degree.”

Rescind

Employment judge Samantha Moore said Ms Jessopp had “legitimate aims” for not allowing the claimant to rescind: “We have no doubt that the reason for the refusal was at all times the respondent believed permitting the claimant to rescind her resignation would be destabilising to the business.”

However, the judge added that “motives are irrelevant”, and agreed with the claimant’s submission that there was a link between the disability and the resignation.

She said the respondent’s “disbelief of the claimant caused them to close their minds to any suggestion that the claimant’s resignation was attributable to her disabilities”.

Judge Moore added: “The tribunal was unable to understand why the respondent did not pause and take some proper informed medical advice concerning the disabilities, the impact on the claimant’s behaviour and prognosis to then be in a position to truly assess whether the refusal to allow the rescindment would achieve their stated aims. They may well have still been in a position to decide that the rescindment had to stand, although such matters will have to be reserved for remedy.”

Occupational health

The tribunal rejected the respondent’s submission that referral to occupational health would have made no difference to the outcome, highlighting: “The private psychiatrist was not placed to make appropriate workplace assessments, nor were they charged with doing so by the claimant. We heard evidence that the respondent had arranged for higher-level assessments in appropriate circumstances, yet did not do so for the claimant.”

Furthermore, it found the claimant’s behaviour “was not being appropriately managed”, particularly following her ADHD diagnosis, indicated by her “fixations” with employees subordinate to her.

It concluded that Mrs Bradley’s complaint of discrimination arising from disability in relation to the refusal of her request to rescind her resignation was well founded.

The amount of compensation awarded to Mrs Bradley will be decided at a further hearing.