Posted Date: 13th June 2024

A sales adviser in an O2 store felt he had no choice but to resign from his job after recommendations from occupational health were not implemented by his employer.

The ex- employee suffers with spondylolisthesis, a degenerative disc disease which causes him pain, exhaustion and mobility issues. As a result he had to take periods of sick leave, and this was followed up by referrals by his employer to occupational health.

Their recommendations to help him return to work included a phased return, reduced working hours and the use of a chair on the shop floor.

However, the ex-employee claimed that these were not effectively implemented, and following numerous efforts to discuss this with his employer, he ended up resigning in November 2021.

With the support of the Equality Commission for Northern Ireland, he sought to bring a disability discrimination claim against Telefonica, however an out-of court settlement was reached with no admission of liability, with a settlement figure of £160,000 paid to the ex-employee.

Telefonica apologised for causing distress, upset and injury to feelings and agreed to work with the Equality Commission to review its practices, policies and procedures.

This is an important reminder for employers to carefully consider each recommendation made by occupational health and to ensure line managers understand that any adjustments which are ‘reasonable’ should be made. Failure to do so could result in a discriminatory claim regardless of length of employment, and compensation payments for discrimination are uncapped.