Bailiff loses disability discrimination claim over emotional support dog

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A County Court Bailiff has lost her legal claim against her employer after being prohibited from bringing her ’emotional support’ dog to work.

Deborah Cullingford, who had worked as a Bailiff in Leeds for over ten years, sued her employer for disability discrimination after being told she could no longer bring her Yorkshire Terrier, Bella, to work.

Cullingford, a three-time cancer survivor who suffers from anxiety, had started taking Bella with her on debt collection jobs around the city, beginning in 2020. She stated that Bella provided her with emotional support, helping her manage anxiety and stress while working. However, her employer intervened when the dog was seen in her car, informing her that she could not bring Bella to work.

Cullingford told a mental health consultation that Bella had a calming effect on her and that having the dog around allowed her to work more effectively. She explained that the dog helped her focus and reduced her anxiety, stating, “My dog enables me to work more effectively and focus more easily. She helps me with my anxiety and is able to help me feel more calm and relaxed.”

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Tribunal Ruling on the Case

Cullingford’s employer took legal advice on the matter, and were advised that Emotional support animals (ESAs) are not defined in the Equality Act 2010. Cullingford sought a letter from her GP to support her claim that Bella should be registered as an emotional support animal but did not follow through with formal registration.

After being told she could no longer bring Bella to work, Cullingford resigned from her position in April 2023 and lodged claims of disability discrimination and harassment against her employer. She alleged that colleagues who discussed bringing their own pets to work were mocking her situation.

Cullingford also emphasised that Bella had been instrumental in helping her cope with severe depression and preventing her from ending her life. Despite this, her claims were ultimately dismissed by Employment Judge Rebecca Eeley.

Employment Judge Eeley rejected Cullingford’s claims, stating that her employer had legitimate concerns regarding confidentiality, health and safety, and the security of the vehicle in which the dog was kept. The tribunal further ruled that it was difficult to determine whether bringing the dog to work would have effectively alleviated Cullingford’s anxiety, as evidence suggested that she did not take Bella with her on particularly stressful working days.

Judge Eeley concluded that the employer had acted reasonably in prohibiting Bella from the workplace, and Cullingford’s claims of disability discrimination and harassment were dismissed.

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