A PCS member working for the Department for Work and Pensions (DWP) had his unfair dismissal claim upheld.
The member, Shaun Stewart who works for Palmers Green Jobcentre Plus, achieved the result after management was shown not to have followed guidance regarding disabled members.
The guidance to management under the Equality Act 2010 clearly states that it is unlawful to discriminate against someone because of their disability which includes direct, indirect or discrimination arising out of person’s disability.
The manager cannot discriminate against disabled persons in matters of recruitment process, terms and conditions of employment opportunities of promotions, career development and training or other benefits, or by dismissing a disabled person unfairly or by unfair dismissal, treating a disabled person less fairly than other workers, or subjecting a disabled person to harassment, by failing to make reasonable adjustments.
In January 2010 Shaun was the victim of a savage, unprovoked attack during which he was stabbed 18 times and beaten in the head with a gun. Shaun lost an eye and suffered from post traumatic stress syndrome.
The union claimed that since the attack Shaun had not received any support from management and was, in fact, overloaded with work, even covering two full diaries at one point.
As a result Shaun was signed off with work related stress with occupational health advising, “I recommend management ensure that the workload is monitored to avoid uneven, unexpected or excessive demands.”
But management ignored the advice and took action against his attendance record. He was unfairly dismissed but reinstated after PCS helped organise a successful appeal.
Management were shown not to have followed their own procedures and to have ignored the advice from ATOS,” said DWP industrial officer Steve Cawkwell, “It is an excellent result and we must thank the DWP north London branch for all the work they did.”