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An interesting case: Unfair dismissal – disability discrimination

By September 18, 2019Uncategorized

Mr Gordon Fleming, former employee of East of England Ambulance Service NHS Trust has been awarded £92,000.

Mr Fleming suffered a heart attack and was subsequently diagnosed with an anxiety-depression disorder. After attending “a hostile welfare meeting” in which the employer expressed concern for Mr Fleming returning to work, symptoms of anxiety were heightened and the Claimant was readmitted to hospital.  He wrote to his employer expressing concern over his perceived lack of support and expressing that his inability to return to work had led him to consider suicide. After a prolonged period of absence, the Claimant was dismissed for failing to attend an Occupational Health appointment and failing to attend a disciplinary without good reason.  However, evidence was presented at the Tribunal that when attending a prior meeting during the period of absence, a panel member had made a comment about the Claimant regarding the panel member “pummelling it into him with my fists”.  This had been a factor in Mr Flemings failure to attend a further disciplinary and had impacted his health condition and anger towards his employer.

The case judgement makes an interesting read…

https://assets.publishing.service.gov.uk/media/5d765264e5274a27cefd499d/Mr_G_Fleming_v_East_of_England_Ambulance_Service_NHS_Trust_-__3400184-2016_FMH_Judgment.pdf