Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Case lawDisability discriminationHealth and safetyLatest NewsEmployment tribunals

Sky engineer dismissed for safety issue was discriminated against

by Ashleigh Webber 23 Jan 2020
by Ashleigh Webber 23 Jan 2020 Shutterstock
Shutterstock

A Sky engineer who breached health and safety rules while experiencing a mental health condition was discriminated against and unfairly dismissed, an employment tribunal has ruled.

It found the decision to dismiss Mr Plowright had been “tainted by discrimination” and was an unreasonable response to the safety issue.

During a routine unannounced inspection of his work in February 2018, the engineer for Sky-In-Home Services, which installs hardware for Sky TV customers, was seen working at the top of a ladder without any safety equipment, other than a hard hat, and having not secured the ladder properly.

He was told to stop working by the inspecting manager and was invited to a meeting later that day. Asked why he breached the health and safety requirements, Plowright admitted his mind had been elsewhere as he was going through a divorce and his partner and daughter were moving out of his home that day. He said a customer had been talking about their daughter, which caused him to feel upset and distracted him from his work.

He was suspended after the meeting and was told that his actions would likely amount to gross misconduct.

During his suspension the company’s occupational health nurse confirmed he had been suffering symptoms of “reactive depression” including low mood, heightened emotions, reduced concentration, a poor sleep pattern and loss of appetite. He was signed off as “unfit for work”.

He had also received a diagnosis of a “mood disorder” and a “mixed anxiety and depressive disorder” from his GP.

Plowright was invited to a conduct hearing in May 2018. He was asked why he had not informed the company about his problems at home and how it had affected him, but he claimed he told his manager the previous December. He said he had not asked for an OH referral because he liked to “keep it to [himself]”.

He was dismissed following the meeting. The company said it reached that decision because he had worked safely on other jobs that day; his personal circumstances had continued long before the day in question; he had failed to seek support from his GP or the company; and he would have been aware of the mental health support the firm offered.

Plowright appealed the decision, however it was upheld by the company. He claimed that the company’s lack of consideration of his mental health amounted to discrimination under the Equality Act 2010 and that his unblemished 11-year service should have suggested he had acted out of character on the day of the incident.

Following the tribunal hearing, employment judge Deborah Licorish determined that Plowright’s mental health condition had affected his ability to carry out normal working activities and the condition was likely to recur beyond 12 months, which would categorise him as disabled under the Equality Act 2010.

The tribunal also found that Plowright had told his line manager about his depression diagnosis on 9 March, which was “sufficient indication… that the claimant may have a mental impairment”.

The judgment says: “Taking all these factors and anomalies into account, the respondent has not satisfied us that dismissing the claimant was an appropriate and necessary means of achieving its aim. We therefore find that in the particular circumstances of this case, the disadvantage suffered by the claimant in losing his job outweighed the reasonable needs of the respondent’s business.

“On this basis, we conclude that the unfavourable treatment was unlawful and the claimant’s complaint therefore succeeds.”

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

A hearing is scheduled for 18 February to consider compensation.

Diversity and inclusion opportunities on Personnel Today

Browse more Diversity and inclusion jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Can you make your business more eco-friendly? Send us your comments
next post
Coronavirus: employers urged to avoid business travel

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

‘Unacceptable to question integrity’ of Supreme Court judgment

2 May 2025

Trans ex-judge to appeal Supreme Court biological sex...

29 Apr 2025

EHRC: Interim update on single-sex spaces draws criticism

28 Apr 2025

Opposition to Supreme Court sex ruling is ‘wishful...

22 Apr 2025

Supreme Court transgender ruling: ‘common sense’ or ‘incredibly...

17 Apr 2025

Supreme Court: legal definition of woman based on...

16 Apr 2025

Philip Green loses human rights case at ECHR

8 Apr 2025

Whistleblowing protections do not extend to external job...

4 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today