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Stroke victim awarded substation discrimination payout

A Welsh worker unfairly sacked from his job after suffering a stroke has been awarded almost £400,000 in disability discrimination compensation, the third highest award for such a case in the country's history.



In April 2009, Jonathan Jones lost his job as branch manager for Jewson Ltd in Cardigan, after being hospitalised following a severe stroke. Mr Jones, who had been averaging over 60 hours working time per week and was not taking his full entitlement of holidays, according to his lawyer, was then fired after five months sick leave on grounds of incapacity.



After the stroke, doctors reported that Mr Jones needed to avoid stress at work.  However, Jewson Ltd management, in conjunction with HR, decided that no role was going to be without stress and that redundancy was the best option.



Later, an employment tribunal labelled the dismissal as unfair, amounting to disability discrimination by reason of failure to make reasonable adjustments.



The tribunal ordered Jewson Ltd to pay Mr Jones £390,870.58 including £15,000 injury to feelings and an uplift of approximately £18,000.



"Jewson assumed that Mr Jones' condition was so severe that his health was at risk if he returned to work in any role.  Jewson assumed its working practices were necessary for an efficient business.  The golden rule is: never assume," said Mr Jones' solicitor.



"Recognise you (employers) may be acting unfairly, and discriminating unlawfully, if you don't obtain specialist and up-to-date medical evidence.  That is nearly always going to be essential to keeping you on track in any incapability procedure."



If you would like advice on this or any other employment related issue, please do not hesitate to contact our Employment Department on 01908 660966 or 01604 828282. Alternatively, please complete our online enquiry form and we will contact you directly to discuss matters further.

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