Discrimination arising from disability: withdrawal of job offer over epilepsy

discrimination arising from disability

An employer did not commit discrimination arising from disability against a job applicant whose job offer to work at a railway station was withdrawn after health and safety concerns over his epilepsy, an employment tribunal has held. Stephen Simpson rounds up recent tribunal decisions.

Withdrawal of job offer because of epilepsy not disability discrimination
The tribunal in Corry v Merseyrail Electric 2002 Ltd found that the employer did not commit discrimination arising from disability and met its reasonable adjustments duty.

Mr Corry was offered a job working in a railway station, conditional on passing a medical. His CV stated that he suffers from epilepsy.

The conclusion from the medical was that, while Mr Corry was fit to work, he should not work alone, or be allowed to work trackside.

The employer’s HR department considered the medical report, the nature of the job, and the potential adjustments that could be made.

HR decided that the cost and practical difficulties made it impossible to recruit Mr Corry when 90% of the job involved lone or trackside working.

The HR department withdrew the job offer made to Mr Corry, who brought a disability discrimination claim.

The employment tribunal dismissed Mr Corry’s claims for disability arising from discrimination and failure to make reasonable adjustments.

The tribunal concluded that the suggested adjustments were either prohibitively expensive or would not necessarily reduce the safety risk. Suggestions included employing a companion for him and deploying him in a large station where assistance would be more readily available during a seizure.

Read more details of the case and the full judgment…


Other tribunal decisions in the headlines

Driver nets £31,000 for unfair dismissal over Scots workload
A delivery driver who claims he was treated in an “almost inhumane” way by his boss has been awarded almost £31,000, reports the Scotsman.

Unison secures employment tribunal win for careers advisers
The Unison website reports that the union has won a victory for workers in the careers service against Prospects TUPE case.

Amigo Loans discriminated against part-time working mum, tribunal rules
A former collections agent at Bournemouth loans company Amigo has spoken of her joy after the company was found to have discriminated against her as a part-time working step-mum, says the Bournemouth Daily Echo.

Age discrimination: Former Dunnes worker awarded £40,000
A Northern Ireland woman who claimed Dunnes Stores discriminated against her because of her age has been awarded £40,000 in a settlement, the BBC reports.

Postman’s petition gains a sackload of supporters
A postman’s petition to get him his job back after winning an employment tribunal claim has attracted more than 1,000 signatures, according to the Scottish Courier.

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