Follow on Google News News By Tag Industry News News By Location Country(s) Industry News
Follow on Google News | Supermarket worker wins health caseTribunal deems Sainsbury's employee dismissal wrong on health grounds
Mr R Rasavallavan, a Store Leader in training, was employed by Sainsbury's Supermarkets Ltd, who were aware that Mr Rasavallavan had Diabetes. The disease is a disability as defined within the Equality Act 2010, which places a duty on employers to ensure reasonable steps are taken to accommodate the disability. The employers' duty On occasion, Sainsbury's scheduled Mr Rasavallavan to work shifts, sometimes with less colleagues than planned. The Tribunal decided that practice had placed Mr Rasavallavan at a substantial disadvantage, in comparison to others who did not have a disability. This is because, in the absence of a full cohort on the shifts, he was asked to remain standing for long periods and to do some heavy lifting. An Employment Tribunal decided that because of his disability it would have been reasonable for Sainsbury's to adjust its rota patterns, shifts or to consider an alternative role for Mr Rasavallavan. The health problems The Tribunal noted that Mr Rasavallavan stated that the practices had caused foot problems and increased his stress, which in turn had further impacted his diabetes. The Tribunal decided that Mr Rasavallavan was wrongfully dismissed and awarded four weeks' notice and holiday pay immediately. A hearing to decide the remedy for breaching the Equality Act is scheduled for July this year. Sainsbury's may yet lodge an appeal to the decision. Our advice Although we cannot provide legal advice, it is apparent from the case that adjusting a rota is clearly seen as a reasonable accommodation to have been considered by an employer. The case demonstrates the importance of acting fairly to support employees and follows other cases where employers have faced huge fines for falling foul of legislation. About Occupational Health Assessment Ltd Occupational Health Assessment Ltd (https://occupationalhealthassessment.com/ With a unique occupational health assessment service and access to clinics in Surrey, Bristol, Birmingham, Manchester and London, the business provides high quality, professional advice at the point of demand. End
Account Email Address Account Phone Number Disclaimer Report Abuse
|
|