O'Callaghan v Western Health and Social Care Trust

[2] The appellant was employed by the respondent as a Speech and Language Therapist from 2 August 1999 until 14 February 2011 when she was dismissed for failing to return to work, having been on sick leave since August 2004.

[3] In 2004 the appellant brought a complaint alleging that she had been subjected to bullying and harassment at the hands of a co-employee, Mrs�Skeffington. An investigation took place and the investigation report confirmed that bullying and harassment had occurred. As a result Mrs�Skeffington was dismissed. As a consequence of the bullying the appellant left work on sick leave.

[4] In June 2005 the appellant made a formal complaint under the respondent's Bullying and Harassment Policy about a Ms McNicholl and a Mr Hargan. The respondent did not initiate separate investigations into these complaints but relied upon information that had emerged in the course of the investigation relating to Mrs Skeffington. On the basis of that information Ms McNicholl and Mr Hargan were formally counselled for their conduct in August 2005 by Sara Groogan.

[5] The appellant had been diagnosed with chronic anxiety and depression in March 2003. During 2008 and 2009 she made applications to the respondent for ill-health retirement. The respondent provided the appellant with the requisite information but, at that time, she did not proceed with her applications. By early 2010 she believed that she was well enough to return to work. In a letter to the respondent dated 9 February 2010 the appellant's GP, Dr Lalsingh wrote:

The letter also noted that the appellant had a number of issues that she felt would need to be addressed by the respondent to enable her to return to work and that she was keen to discuss those matters with the respondent.