Personnel Today
  • OHW+
  • Join
  • 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+
  • Join
  • 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

Disability discriminationLatest NewsHealth and safetyCase lawEmployment 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.”

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 Webber

Ashleigh is editor of OHW+ and 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. Prior to joining Personnel Today in 2018, she covered the road transport sector for Commercial Motor and Motor Transport magazines, touching on some of the employment and wellbeing issues experienced by those in road haulage.

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

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Supreme Court to hear historical holiday underpayments case

13 Dec 2022

Redundancy: Five common errors businesses must avoid

28 Oct 2022

Settlement agreements cannot void future discrimination claims, EAT...

24 Oct 2022

Supporting Glasgow Rangers is not a philosophical belief,...

8 Sep 2022

Supreme Court: Holiday pay for part-year staff should...

20 Jul 2022

Maya Forstater wins belief discrimination case over gender-critical...

6 Jul 2022

Christian doctor loses transgender pronoun case, but beliefs...

29 Jun 2022

Long Covid: what tribunal’s disability ruling means for...

23 Jun 2022

Frewer v Google: How it’s getting harder to...

30 May 2022

School discriminated against Christian caretaker who tweeted against...

3 May 2022

  • The HR Bundle: Your one-stop guide to building a successful global HR Department PROMOTED | Get your hands on Deel’s free HR bundle...Read more
  • The Benefits of an Employee Assistance Programme PROMOTED | EAPs support employees in a range of ways...Read more
  • Intergenerational working and how to manage up and down the generations PROMOTED | The benefits and challenges of intergenerational workplaces...Read more
  • Bereavement in the workplace: How training can help HR get it right PROMOTED | HR professionals play an essential role...Read more
  • UK workforce mental wellbeing needs PROMOTED | The mental wellbeing support employers are providing misses the mark...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 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • OHW+
  • Join
  • 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