A disabled Scottish government employee who was denied the equipment he needed to work has won a direct discrimination claim in an employment tribunal.
Mr Blair, who worked as a team leader in the Scottish Government's social care department on a fixed-term contract from November 2020 to October 2022, said that in order to work effectively in line with his health condition, he required some supplementary support and reasonable support. Some adjustments were necessary.
He has spondylitis, a degenerative disease of the spinal cord. Spondyloarthritis caused by injuries sustained when he was run over by a van while working for Fife Police. Ehlers-Danlos syndrome, where joints become hyperflexible. Hypermobility. fibromyalgia; and dyslexia, which causes visual impairment. He uses a wheelchair.
He received several aids from his previous employer, including an ergonomic chair, keyboard, mouse, large monitor, height-adjustable sit-stand desk that can accommodate his wheelchair, and a laptop with several assistance programs. I received it.
Before starting his role with the Scottish Government, he had discussions with Mr Dorian, who is responsible for the team providing workplace adjustments to new employees, and asked him to initially work from home as there was still uncertainty about when offices would reopen. We agreed to do so. Post Covid lockdown.
Dorian arranged for some equipment to be delivered to Blair's house. But when it arrived, Mr Blair was told that there was no power cable with the laptop, that there was a “problem” with the monitor, that the keyboard and mouse were not compatible with the IT system he uses, and that he I realized that the cell phone I was given was too small. Let him use it.
sickness absence
In May 2021, Mr Blair fell ill and told his employer that he would be absent from work for several weeks due to an infection, but was told that his health would take longer to recover. At this stage he felt that the organization failed to support him and provide adequate accommodation.
When he returned to work, he was invited to attend a probation meeting because his sick leave period triggered an absence from the organization while on probation.
At this meeting, Prime Minister Blair complained about the lack of monthly conversations about his work, the lack of support, lack of team communication, workplace adjustments and recommendations in the occupational health report prepared before he started his role. He expressed concern about the lack of conversation about implementation. .
A later occupational health report suggested that his absence was a direct result of his disability, stating: The symptoms may have been caused by additional stress and its effect on his mental health and well-being. ”
The Scottish Government then agreed to amend his sickness absence trigger points.
inappropriate equipment
Prime Minister Blair told the meeting in absentia that no physical adjustments had been made to work in the office. The organization intended for him to work in a room on the ground floor of the office, but the room had previously been used as a warehouse and needed to be fitted with a power point. The building had no button to open the door, making it difficult to enter in a wheelchair.
In October, Prime Minister Blair visited the office after being informed that the room was ready. However, when he arrived, the automatic door was not installed and the room was not equipped with the necessary equipment.
Mr Dorian responded to Mr Blair's concerns by saying:
Please check everything before passing on information. ”
In November, he underwent his final probationary performance review, which highlighted concerns about his performance and labor relations. He was recommended that his probation be extended.
After the news, Mr Blair went on sick leave due to anxiety and depression and did not return to work until his contract ended.
He filed a complaint regarding the extension of his probationary period, alleging that it was extended without just cause and that the decision was directly and indirectly related to his disability. He said the original probationary period would have ended satisfactorily had there been no attendance proceedings earlier in the year, but reasonable adjustments had continued to be delayed since then. He said he was under the impression that management wanted to fire him by extending his probationary period and “perpetuating a hostile work environment.”
His complaint was only partially accepted and Prime Minister Blair launched a further appeal in August 2022. However, it has been confirmed that his employment will end in October 2022, at the end of his fixed-term contract. He appealed his dismissal, but this appeal was also dismissed.
His salary will be cut in half from April 2022, and then zero.
court ruling
Prime Minister Tony Blair told the court he had been treated “horribly” by the Scottish Government.
In J. Blair v Scottish Ministers and Others, the Employment Tribunal Panel found that the Scottish Government had directly discriminated against the claimants and failed in its duty to make reasonable adjustments.
Employment judge Murdo MacLeod said the continued absences that contributed to Mr Blair's dismissal arose from his failure to make reasonable adjustments.
The judge said: “The Plaintiffs' position was simply that, had they been given the reasonable adjustments that were due to them, their employment would not have been terminated at that time. I took a 'timeout' for these reasons.” Significant delays in procedures. This means that the respondent was unable or unwilling to take further action against the claimant as the fixed period was nearing its end. We understand.
“Given that the plaintiff was anxious and eager to return to work, but was unable to do so because there were no reasonable adjustments that should have been made, the plaintiff’s dismissal was a direct act of discrimination. In other words, in this situation, the plaintiff was treated less favorably than a non-disabled person.
Further hearings are scheduled to determine whether Mr Blair is liable for compensation.
