Disability discrimination by reason of employer “expectations”

This article gives details of an interesting case where an employee returned to work following an accident but, due to his continuing symptoms, he could not work the long hours that he had prior to the accident. His employer continued to put pressure on him to work late and eventually stopped asking him if he could work late and began to ask when he would be working late. Discussions with his supervisor regarding this led to the employee resigning.

The Employment Tribunal found that he was constructively dismissed by his employer and that it had discriminated against him on the grounds of disability. It also found that the conduct of the supervisor was at least in part the reason for the employee’s resignation and that was sufficient to constitute a constructive dismissal.

This case raises several interesting issues mainly that concerning ‘reasonable adjustments’ and also the role of the supervisor in managing the situation.

Lincoln Occupational Health can assist companies by helping management to resolve a situation where an employees’ health may be affecting their fitness to fulfil the duties of their role and to suggest what adjustments to the job may need to be considered. In addition we can help train managers to feel more confident to identify and respond with sensitivity to employees’ health issues.

If you have any questions regarding this topic please do not hesitate to contact Katie Eastwell on enquiries@lincolnoccupationalhealth.co.uk