Type 1 Diabetes Sufferer Wins Direct Disability Discrimination Claim
18th October 2021
When employees disclose that they are suffering from a disability, it is an important moment that should always put employers on their mettle. The point was powerfully made by the case of a business development manager who was dismissed within days of his employer learning that he had been diagnosed with type 1 diabetes.
After the man launched proceedings, an Employment Tribunal (ET) found that his dismissal was significantly influenced by the employer’s knowledge of his disability. He had been subjected to two acts of direct disability discrimination: his dismissal and the refusal of two of the employer’s founding directors to acknowledge his ill health. The employer’s contention that he had been dismissed solely for the non-discriminatory reason of poor performance was rejected.
The ET found that all three of the employer’s directors, who worked closely together, were aware of his condition prior to his dismissal. The employer had moved virtually directly from learning of his disability to terminating his employment. When he complained about his dismissal, two of the directors colluded in maintaining their assertions that they had no advance knowledge of his ill health.
The ET also found that, in seeking to embellish the employer’s dissatisfaction with the man’s performance and bolster its case, one of the directors had altered an email so as to give the impression that a client had specifically named him as the person responsible for a serious overcharging error.
Anyone aware of his diagnosis would have known that type 1 diabetes is a lifelong condition that, unless controlled by medication, can have a significant effect on a person’s ability to carry out normal day-to-day activities. The man testified that the condition caused tiredness and digestive complications that made it difficult for him to perform his extensive role in entertaining clients.
In dismissing the employer’s challenge to those findings, the Employment Appeal Tribunal noted that the ET had rejected several other complaints put forward by the man in what was a long and hard-fought case. It could find nothing perverse or unfair in the ET’s careful and balanced conclusions. If not agreed, the amount of the man’s compensation would be decided at a further hearing.
For more legal advice regarding Employment Law and legal claims, please don’t hesitate to contact Healys LLP today.
High Court Exonerates Company Director Accused of Breaching Her Duty
13th October 2021
Directors who are not lawyers or accountants can face a daunting task in defending themselves against accusations that they have breached their legal duties. In one case, however, the integrity of a prominent businesswoman on the receiving end of such allegations was vindicated on all fronts by the High Court. Continue reading »
Healys LLP Ranked as Leading Firm in Legal 500
1st October 2021
Healys has once again been recognised as a Leading Firm in the latest edition of the Legal 500 UK. This year Healys has been ranked in 7 practice areas, with 13 individuals recognised as Recommended Lawyers in their specialist fields. Continue reading »
Partner David Bailey Completes Ironman Italy
27th September 2021
David Bailey, partner and head of Healys Dispute Resolution and Banking & Finance, recently took part in Ironman Italy, completing the race in 12 hours, 8 minutes! Continue reading »
Employment v Self-Employment – This is Why the Distinction Really Matters
Employment law has moved on in leaps and bounds since the bad old days of mass casual labour. However, as an Employment Tribunal (ET) decision showed, a large number of people still go to work every day without any clear idea of whether they are employed or self-employed, or any understanding of why that distinction matters (Hallsworth v NAM Global Ltd). Continue reading »