A construction site manager who lost his job after he suffered two strokes has settled his disability and age discrimination case against his former employer.
Clifford Donaldson’s case, which was supported by the Equality Commission for Northern Ireland, was settled – without admission of liability – for £100,000 with the property developer Fraser Partners.
Donaldson was employed by Fraser Partners, of Newtownards, Co Down, as a site manager for more than seven years. In January 2023, he had two strokes that affected his speech and movement.
After a short period of sick leave, he returned to work on a phased basis. Donaldson asked for a reduction in his working hours to 30 hours per week, on a reduced salary.
That summer, Fraser Partners recruited a new, younger site manager, and Donaldson was told that his employment would end in September 2023. He alleged he was told that the new site manager would manage housing construction across three sites.
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Donaldson was later offered a potential consultancy role to commence after his employment ended, but he said it came with no guarantee of hours or duration. He turned down the offer and his employment ended that September.
Geraldine McGahey, ECNI chief commissioner, said: “Employers must be aware that employees like Cliff, who acquire a disability, have protections under the Disability Discrimination Act.
“They simply cannot make assumptions about their employees’ workplace capabilities. Instead, they must communicate clearly with employees to fully understand their needs.
“The law requires that reasonable adjustments must be considered and implemented where appropriate. It is vital that all staff, especially line managers, are fully informed of these obligations.
“The Equality Commission provides expert advice and practical guidance to help employers develop effective policies and procedures. Making use of this support will help ensure compliance with Northern Ireland’s equality laws and create a more inclusive workplace.”
Donaldson said: “This has been a very difficult experience for me and my family. I was shocked to learn I was being replaced, and that my employment was ending. I wanted to continue working. It was an awful way to be treated after years of dedication to the business.
“I believe assumptions were made about my ability following my strokes. I needed some understanding. Instead, I felt abandoned, like I was only fit for the scrap heap because of my strokes and my age. I’m relieved the case is settled and I can move forward.”
In settling the case, Fraser Partners affirmed its strong commitment to the principle of equality of opportunity in employment, and undertook to liaise with the ECNI to review its policies and procedures.
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