This is a very interesting retail case in relation to an employee being dismissed over a fight over trainers and failure to obtain professional medical advice when needed.
Matthew Pinto-Chilcott MD of Consensus HR comments “This case highlights the importance to businesses of ensuring that medical advice is obtained when needed as too many times business owners make decisions that are not fully investigated whilst not seeking the advice / support of medical professionals and ensuring the correct action is taken. Throughout my career and especially in my operation days within Hospitality, I had to seek a medical professionals advice (GP / Consultant) to ensure the correct action was taken. In this case the issue of remedy will be determined at 10 a.m. on 18 September 2017 but as it includes discrimination the award can be unlimited.”
The unanimous Judgment of the Tribunal is as follows:
- The claim of unfair dismissal succeeds;
- The claim of wrongful dismissal succeeds;
- The claim of Discrimination Arising from Disability (s. 15 of the Equality Act 2010) succeeds;
- The claim that there was a failure on the part of the Respondent to make reasonable adjustments (ss 20 and 21 of the Equality Act 2010) succeeds;
- The issue of remedy will be determined at 10 a.m. on 18 September 2017 save in the event of the parties advising the Tribunal that such issue has been settled between them.
For further information on this subject and how it may affect your business whilst ensuring you are seeking the correct advice, give us a call on 01462 621 243 or alternatively complete our ‘Contact Form’ and we will get back to you to discuss when there maybe a need for professional advice.