Employers – know what is expected of you
A former senior vice president is taking his employment discrimination case to the court of appeal after previous hearings at an Employment Tribunal and an Employment Appeal Tribunal. The case revolves around whether it is fair for an employee to be dismissed for refusing to co-operate in workplace discrimination against them.
The Claimant needed a serious operation after being employed for 8 months so needed time off work. He recovered quickly and was medically fit to return to work after 3 months, however he did not end up going back until the following January - 11 months after his operation. It is the Claimant’s case that his employers purposefully delayed his return which had a negative impact on him.
Upon returning to work, he learned he had been given a different position to the one he left which was less involved and appeared an obvious demotion from his previous role. Understandably, the Claimant was unhappy with this decision subsequently raising a grievance which in turn was not actioned sufficiently. Due to the disparities, he made the decision not to carry out the demoted role based on the fact he was perfectly fit and able to carry out his previous role and that his employers not supporting him in his return was an act of discrimination.
Shortly after, the Claimant was formally dismissed by his employer who stated he should have carried out the demoted role. The case was taken to an Employment Tribunal where it was proven the employer had acted in a discriminatory manner.
Both the Employment Tribunal and Employment Appeal Tribunal ruled that the employer was negligent in their treatment of the claimant upon his return to work and that he fully co-operated with what he was required to do as part of the return to work processes
Lawson-West Employment Associate, Carrie-Ann Randall, comments: “It is disconcerting to hear of such complaints where it is clear that the principal issue should be the employers knowledge and the correct level of communication. The Equality Act 2010 stipulates that a person can qualify as a disabled person if they have either a physical or mental impairment which substantially and adversely affects their day to day abilities. Taking this into consideration, it means that there are many persons whom suffer with either physical or mental impairments that might be considered as disabled with the provisions contained in the Equality Act complying (i.e. protection from discrimination).
It is understood and appreciated that it can be difficult for employers to have knowledge of all possible ‘disabilities’ and the best processes to follow, however in this instance, as with many cases that I have represented on, if legal advice was considered at the outset and possible adjustments implemented, whilst keeping the correct level of communication, matters of this magnitude could be avoided.”
If you find yourself in a situation where you need to bring an employment tribunal claim, or if you have raised a grievance and are not happy with the result we can help. Please remember there are strict time limits in Employment claims and you should take good legal advice as soon as possible.
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