Saturday, November 25, 2017
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BSkyB in Disability Claim

Sky TV

Two workers, who didn't know each other before they were both dismissed by the contact centre of the broadcaster in Livingston, have brought claims for unfair dismissal under the Equality Act 2010.

They both claim that that they were dismissed due to their disabilities.

Lorna Gray is a forty five year old mum of three who had suffered from a brain tumour that left her with epilepsy and forgetfulness. Due to her forgetfulness she had been moved from her previous customer service role to a more suitable job before finally being dismissed last month. We are unaware as to whether or not any real effort was put into finding Ms Gray an alternative role. However, good practice would suggest that she should have had a meeting to discuss her difficulties and the kinds of roles she might be suitable for as a result of her disability.

Tom MacIntyre, forty seven, has to use crutches to help him to walk after an operation for sciatica was unsuccessful. He worked as a sales advisor and was very happy within his role. Unfortunately, his office was moved to the first floor which caused him great agony as he fought to walk up the flight of stairs. It would take him five minutes to reach the first floor and he was left exhausted afterwards. "The whole experience has left me shattered" he explained. As a result he took time off from work due to stress and was later dismissed in September last year. Some people have questioned why there was no access to a lift.

Lorna says she feels like she has "been thrown on the scrapheap." She awaits her tribunal, which is likely to be in December or January. The Equality Act 2010 was intended to protect those suffering from a disability from such treatment. The seeming lack of consideration for the two workers and limited efforts to create a work place in which they could keep their jobs has been criticised. The actions of the broadcasters to dismiss the workers before making any real concessions for them have been described as draconian. It will be interesting to see what defence they have and whether or not this ends in an out of court settlement.

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