Unite Legal Services has secured compensation for a ticket desk agent after he suffered an injury at work, which had a long-term effect on his back. As a result he was unable to carry out some aspects of his job, such as check in duties.
The Unite member therefore agreed with his employer to temporarily reduce his working hours while receiving treatment. When he confirmed he was ready to go back to work full-time, his employer refused to allow him to.
His employer’s position was that as he was unable to carry out all of his normal duties, it could not accommodate his full-time hours.
Unite Legal Services therefore lodged claims for disability-related discrimination, a failure to make reasonable adjustments and direct discrimination.
It was found that his employer did not do enough to establish the effect that his disability was having on his day-to-day work, nor did it make reasonable adjustments to his role. Unite Legal Services supported the ticket desk agent throughout and was successful in claims for disability-related discrimination and a failure to make reasonable adjustments.
The tribunal ordered the member’s employer to review further adjustments to allow him to return to work full-time, and awarded a significant payment for injury to feeling plus interest.
Peter Kavanagh said: “The fact that our member sustained an injury at work and was not permitted to return to his job after receiving medical treatment is blatant disability discrimination.
“As a member of Unite, our member was provided with access to legal backing and advice for making a claim against his discriminatory employers. Our member received compensation for his injury and a legal tribunal forced his employers to review future work adjustments for him.
“By bringing his claim with Unite Legal Services, our member received 100% of the compensation he was awarded.”