In a disability discrimination case, a worker with Tourette syndrome, Mr Gee, secured nearly £10,000. He was employed by confectionery firm JF Renshaw, which later went into administration and was taken over by British Bakels in 2023.
In November 2020, Gee’s contract was terminated with a one-week notice period. He later sought re-employment with the firm, submitting applications in June 2021 and again in June 2023, each of which was declined.
Gee argued that being fired constituted direct disability discrimination and that the employer had not provided reasonable adjustments. He also maintained that the refusals of his later applications were another instance of direct discrimination based on his disability.
Gee suffers from ADHD, obsessive-compulsive disorder, post-traumatic stress disorder, and Tourette syndrome. He had made his employer aware of his conditions after an occupational health referral in October 2020.
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The tribunal was told that his medical conditions considerably and persistently affected his everyday functioning. His position at JF Renshaw was characterised as a temporary or casual role.
In September 2020, there was an incident where he swore at an employee because he felt she was not pulling her weight. In November 2020, he referred to another employee as a “lazy bastard”.
Because the outburst was thought to stem from his condition, a session with occupational health was scheduled. During that appointment, several accommodations were proposed, including providing explicit work expectations, permitting him to flag perceived procedural errors, and offering “time-out” periods for him to step away when feeling overloaded.
The employer justified the action by citing a need to reduce its temporary workforce. Consequently, two workers were let go: Gee and another staff member noted for a high rate of absenteeism.
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On 13 November 2023, Gee filed his case with the employment tribunal, leading to the dismissal-related and 2021 application claims being deemed time-barred. Nonetheless, the tribunal concluded that the refusal of his June 2023 job application amounted to disability discrimination.
When determining compensation, Employment Judge Callum Cowx emphasized how the refusal affected the claimant, noting, “He felt upset, anguish and anger, to such a degree that he self-harmed by biting, burning or stabbing the back of his hand,”.
Gee now works for himself but “feels he will always be judged and misunderstood by fellow employees and the discrimination by the respondent has contributed to this,” the judge added. “The claimant is still suffering the effects of the discrimination over two-and-a-half years later.”
Gee was awarded £8,000 plus interest, resulting in a final award of £9,710. The tribunal’s ruling is a significant outcome for Gee, who had faced discrimination due to his disability. The company’s actions were found to be discriminatory, and they were required to pay compensation to Gee for the harm caused.
