Builders’ merchant sales rep settles disability discrimination case for £20k

A sales representative has settled his disability discrimination case against a builders’ merchant for £20,000.

Mark Graham worked for Haldane Fisher in Northern Ireland for 28 years. In 2017, he was diagnosed with a brain tumour and was then later diagnosed with Ménière’s disease, a rare inner-ear condition that can affect balance and hearing.

In October 2019, Graham was offered the position of area merchant sales representative for the Republic of Ireland.

In May 2021, a year into the Covid pandemic, the company said it wanted its sales representatives back out on the road. Due to ongoing restrictions in the Republic of Ireland and his vulnerable person status, Graham had planned to resume in-person meetings at the end of the month.

Over the following months, managers held meetings with Graham which included an investigation into his not being on the road, but no disciplinary action was taken.

Following this experience Graham was left feeling distressed. He took a period of sick leave and then lodged a grievance, but this was not upheld.

Graham requested a reasonable adjustment to his working pattern. He wanted to work three days per week meeting customers and two days working from home.

The builders’ merchant declined but offered four days on the road and one day in the office. This would be on a one-month trial basis but, if sales figures fell, he would have to revert to five days on the road.

At the end of this trial, Graham claimed there was no review of the arrangement and by October 2022 he felt that he had no alternative but to resign due to the impact of travelling on his health.

Graham said: “This has been a very difficult time and I’m disappointed that after 28 years’ service, my career ended as it did. I needed my employer to support me to remain in a job I enjoyed and was very good at. I believe they did not fully understand my disability. I felt that I was considered a burden and that I could not be trusted.”

Eoin O’Neill, director of legal services at the Equality Commission for Northern Ireland, which supported his case, said: “Employees with disabilities should be supported in the workplace. The legislation requires employers to fully consider requests for reasonable adjustments to help their disabled employees to remain in work and this might include offering alternative working patterns. Failure to do so can make employers subject to challenge through the courts.”

The case was settled through mediation. As part of the settlement, Haldane Fisher reaffirmed its commitment to the principle of equality of opportunity in employment and agreed to liaise with the Equality Commission to review its policies and procedures to ensure they conform to the requirements of the Disability Discrimination Act 1995.

The Haldane Group said in a statement that it considers itself to be an equal opportunities employer and denies the allegations made in this case which was settled without admission of liability.

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