A sales adviser who felt forced to resign from his job at an O2 store after recommendations from occupational health were not implemented has settled his disability discrimination case for £160,000.
Eamon Bowen has spondylolisthesis, a degenerative disc disease which causes him chronic pain, exhaustion, sleep and mobility issues. He often had to take periods of sick leave, which were followed by referrals to occupational health.
He worked from home during the Covid-19 pandemic, and after returning to work in June 2020 following lockdown he needed to take more sick leave because of difficulties spending the working day on his feet.
Disability discrimination
Worker who suffered PTSD after Grenfell wins record £4.6m
Worker with sight loss wins discrimination claim against Mitie
He was again referred to OH, which made several recommendations to help him return to work, including a phased return, reduced working hours and the use of a chair on the shop floor.
Bowen claimed the recommendations were not implemented appropriately and despite repeated efforts to speak to his employer, Telefonica, he resigned from the company in November 2021.
He sought to bring a disability discrimination claim against Telefonica, which is now owned by Virgin Media O2, in a case that was supported by the Equality Commission for Northern Ireland. However, an out-of-court settlement has now been reached with no admission of liability.
In settling the case, Telefonica apologised to Bowen for the significant upset, distress and injury to feelings that he experienced. The company has agreed to work with the commission to review its policies, practices and procedures.
Bowen said: “I enjoyed my job, I wanted to work. Occupational health made recommendations time and time again to help me to return to and remain in work, but these were not fully implemented. In the end, without these supports and adjustments, it became impossible for me to continue working.
“I believe their failure to fully implement occupational health’s recommendations and to talk to me about my needs as a disabled person cost me my job. I’m grateful to the Equality Commission for helping me to challenge how I was treated.”
An O2 spokesperson said: “As one of the UK’s largest businesses with a broad and diverse workforce, we have a range of measures in place to support employees who have a disability or specific needs, such as making layout changes for wheelchair users, hiring sign language interpreters for employees with hearing difficulties, and providing specialist equipment where appropriate.
“We have apologised to Mr Bowen for any distress caused in this case, and we are pleased to have mutually reached a settlement.”
Geraldine McGahey, chief commissioner at the Equality Commission for Northern Ireland said: “This case was settled for a significant amount of money and the company has lost an experienced employee.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
“It is essential that employers carefully consider all recommendations made by occupational health and communicate with the person with a disability to ensure they understand their needs. It’s also important that all staff, particularly line managers, know that the law says reasonable adjustments have to be considered.”
Latest HR job opportunities on Personnel Today
Browse more human resources jobs
