Site Safety Manager awarded over £53,000 in disability discrimination case

A Site Safety Manager has been awarded over £53,000 by an Employment Tribunal in a disability discrimination case against his employer with the help of Farnworth Rose.Mr Jones was employed as a Site Safety Manager on a fixed term contract by A2Sea Limited, an international company recognised as a market leader in the installation of offshore wind farms. Mr Jones was responsible for health and safety issues at onshore sites and on the company's fleet of vessels.For over 10 years Mr Jones has coped with Parkinson's disease, a physical impairment which can have a substantial adverse effect on your ability to carry out normal day-to-day activities.In early 2014, Mr Jones was concerned he had been excluded from a summer schedule of work by his employer. After reassurances from his line manager that he should not read anything into it, he was then told his contract was not being renewed by A2Sea Limited due to a 'lack of resources�.Yet just 2 days later, Mr Jones came across a job advert on A2Sea Limited's website seeking additional Site Safety Managers.When Mr Jones questioned his line manager about the Site Safety Manager roles he had seen advertised he was told he would not be considered for them because he had 'his limitations� as a consequence of his disability.Mr Jones was also told by his line manager that he had a concern as to how his disability would be perceived by A2Sea's clients and the potential negative effect it may have for the company.

Mr Jones subjected to disability discrimination at work

As a result of his treatment by A2Sea Limited, Ian Jones decided to contact the employment law team at Farnworth Rose.Mr Jones was able to bring claims in the Employment Tribunal against his former employer under the Equality Act 2010 for:

• direct discrimination and discrimination arising from his disability;
• their discriminatory failure to offer employment; and
• their failure in the duty to make reasonable adjustments.

The Employment Tribunal adjudged that Mr Jones had been subjected to disability discrimination by his employer, stating his line manager's opinion of Mr Jones' abilities had been inaccurate and coloured by prejudicial assumptions.A2 Sea Limited, it was decided, had failed to offer him alternative employment on account of him having Parkinson's disease and had failed to consider and make reasonable adjustments to Mr Jones' role in order to avoid any disadvantage he may have had because of his disability.The Employment Tribunal awarded him over £53,000 in compensation for loss of earnings and injury to feelings.

Have you been subjected to discrimination by your employer?

At Farnworth Rose, our expert employment law team is available to advise anyone who feels they may have been unlawfully discriminated against or unfairly dismissed by their employer.Call us today on 01282 695 400 for a free, no obligation consultation.