Woman paralyzed with migraine gains £15,000 after quitting job

A shop worker whose inattentive owner told her ‘tough’ after he warned her she was going to have a migraine has won £15,000 after suffering an attack that left her paralyzed on the shop floor Went. Mary Doran’s manager didn’t believe she was suffering from debilitating headaches and even accused her of lying about her symptoms because she thought she was hungry.

Nysa boss’s distrust of her employee told her to be ‘hard’ to go home when she started showing early signs of a migraine attack and could barely see. Instead he asked her to sit in the stock room until she felt better, but she became so unwell that she had to lie on the floor for two hours while her owner ignored her.

He was made ill for two weeks, but upon returning to work he was told there was no shift for him due to his ‘health issues’ and was forced to resign. Ms Doran has now won £15,998.96 after an employment tribunal ruled she was discriminated against by her manager because of her disability.

The tribunal held in Manchester heard that he had been suffering from ‘intermittent chronic migraine’ since 2003. Her consultant neurologist told the tribunal that her condition had gradually deteriorated. Her symptoms included visual disturbances or loss of vision for up to 20 minutes, numbness down the shoulder with weakness in both arms and legs, leading to Ms. Doran’s fall.

A migraine attack can also affect her ability to speak and make her incoherent and confused. Ms Doran told the Tribunal the effects of an attack ‘mimicking a stroke’ and she often lay in bed for a day or two with ‘significant disruption in eating and sleeping patterns’.

During and after a migraine attack she said she experienced weakness, nausea, severe headache, dizziness and disorientation. While Ms. Doran said she takes medication to control the condition, she still has seizures about once a week.

In November 2020 she started working as a sales assistant at the Nysa Local Store in Dukinfield, Greater Manchester. Her manager was identified in the tribunal’s documents only as Mr Maher. The tribunal heard that Ms Doran suffered two migraine attacks while at work in February 2021 and had to take leave from work.

Mr Maher told him he would need to discuss his condition upon his return to work as he was ‘rejecting his absence’. Ms. Doran said she began to feel like she was being treated differently by her manager, who became impatient and didn’t take her situation seriously, on one occasion being absent from work due to a hangover. Accused of suffering from a migraine attack when she was in fact.

In April 2021, Ms. Doran had another migraine attack at work. He began to experience an ‘aura’ – which was an early warning of these attacks – and immediately told Mr Maher and asked if he could be sent home. But the tribunal heard that he called her ‘strict’ and refused her work.

Ms. Doran continued to move, but began to experience visual disturbances and could not see clearly enough to be able to serve customers. At this point Mr Maher sent her to the stock room and told her to sit on a foot stool until she felt better. She lost her balance, and was forced to lie on a cold concrete floor, using her handbag to support her head.

Despite her manager being able to see the stock room on CCTV, she was left in that position for two hours and no medical help was sought until a friend named Sarah Barber was asked to take her home. was not called for. Ms. Barber found Ms. Doran ‘unable to speak, and was paralyzed to a degree that prevented her from moving easily’.

Two days later Mr Maher asked Ms Doran to cover a shift, but did not ask her about her health. Then she saw her GP who took her off work for two weeks. When he was finished he told Mr Maher that he was fit to return to work as long as he was allowed to go home in the event of a migraine attack. He replied via text message that ‘No hours available Mary’.

He told her that he felt he should step down from the role ‘with all your health issues currently’, ‘the level of your illness is very high, and the unpredictability of your health and safety is worrisome for you and me, when your Sick note has arrived I will not be able to guarantee you hours’.

The tribunal heard that Mr Maher hired three new members of staff and removed Ms Doran from the staff group chat while she was still employed. She resigned in July 2021 before taking disability discrimination claims to an employment tribunal.

Talking about his experience, he said that Mr Maher’s disability treatment had changed him from a self-confident person to ‘incredulous and anxious’ as he feared he would be ‘paralyzed on the floor and unable to help himself’ ‘ There may be. Employment Judge Paul Holmes ruled that Mr Maher did not allow Ms Doran to go home and return to work during her migraine attack.

He said: “She needed to stay on task (which, given that she could do no work, was rather pointless) as [Mr Maher] a failure to perform that duty clearly equates to [to make reasonable adjustments for her disability], “For not giving her any more shifts, and for refusing to allow her to return to work… [was] apparently due to something arising as a result of his disability.”

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