This article was published on April 1st, 2015
A security guard has won damages from a Ministry of Defence owned company for unfair dismissal. The 52 year old ex-employee was awarded £26,000 after a tribunal ruled he suffered discrimination while working for the defence firm.
The man had worked at the company since 1996 and was dismissed from his job after 18 years of service with the company. The employee was injured in a car crash in 1998 and lost his right arm and since then has tried to deal with his disability and maintain a good quality of living however in February 2014, he experienced severe back pain which meant he had long periods of absence from work. He had surgery to fix the injury but was dismissed anyway because the company said he could no longer carry out his job and was at risk of ill health.
His employers claimed they made fair offers of employment to him which were turned down but the tribunal awarded the ex-employee because an up-to-date occupational health report was not carried out on his return to work post operation and they had no evidence as to his reliance to carry out work.
The man was awarded £7,929 for unfair dismissal, £1,000 in loss of statutory rights and £17,500 for injury to his feelings as a result of indirect discrimination.
A company spokesman said: “…. fully accepted liability for the claim for unfair dismissal and we have conducted a full investigation to ensure that we learn lessons for the future.
“We have also conceded a reduced indirect discrimination claim which was as a consequence of a failure of process, not active discrimination.
“As an equal opportunities employer, we remain confident that we have strong processes and training in place to ensure we provide the best possible working environment for all our employees.”
If you feel you have experienced discrimination in the workplace as a result of a physical diability such as unfair dismissal then contact one of our specialist solicitors now to find out if you have a viable case. We have experience working on behalf of employers and employees and we have expert knowledge of the Employment Tribunal process.
Contact Thorneycroft solicitors on 0800 1979 345 or complete our online enquiry form.