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Diabetic employee successfully claims unfair dismissal and discrimination following dismissal for gross misconduct after locking customer in bank branch

16 August 2019 #Employment


A London Employment Tribunal has ruled that a bank manager, who was dismissed after his health condition adversely affected his ability to follow proper security procedures at work, has successfully brought a claim against his employer for unfair dismissal and disability discrimination.

The employee suffered from diabetes, a condition affected his energy levels and his ability to concentrate and thus impacted his performance at work. His employer was aware of his condition and the adjustments required to control his condition.

Following an incident in which the employee inadvertently, and due to his condition, locked a customer in the bank the employee was dismissed by reason of gross misconduct for breaching security policies.

The Employment Tribunal found that the employer’s decision to dismiss him was unfair and that, as the employee had made them aware of his condition and how it affected his work, this should have been taken into greater consideration when deciding on an appropriate sanction. Not only was the decision to dismiss deemed unfair, but it was also considered to be discriminatory.

This case highlights the importance of employers taking disclosures of a disability into account during a disciplinary procedure. They must be prepared to consider whether an employee’s disability or illness is a contributing factor to their performance or conduct and consider whether a referral to occupational health or reasonable adjustment(s) are necessary.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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Sophie  Wahba

Sophie Wahba
Solicitor

E: SWahba@clarkslegal.com
T: 0207 539 8043
M: 0778 651 5283

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