Employee recovering from Heart Operation is fired, and raises Unfair Dismissal

LegislationA draughtsman - an artist skilled in drawing technical plans for building purposes - raised a claim for unfair dismissal to an employment tribunal. He said that he had lost his job while he was recovering from a heart operation. Feeling that the treatment he received was not in keeping with UK employment law, he launched his claim.

Mr Darby, from Rugeley, Staffordshire, had worked for Securiclear Aluminium Systems Ltd. However, following an operation on his heart, he took time off work. He said that he had been put on medication which had caused stress and tiredness. Furthermore, he said that he also suffered from panic attacks and was nervous when leaving his home. While recovering from the operation, he was dismissed from his employment.

He launched claims for unfair dismissal and disability discrimination to the Birmingham Employment Tribunal. Judge Coaster rejected the claim for disability discrimination, saying that the claimant had not supplied enough medical evidence to prove that there was a disability. The claim for unfair dismissal was allowed to proceed.

Mr Baley, representing the claimant, said: “The firm [Securiclear Aluminium Systems Ltd] is alleging that Mr Darby was involved in a redundancy situation which we shall dispute at the next hearing.”

A date for the hearing has yet to be announced.

What is UK employment law? If you wish to speak to an employment law lawyer regarding matters of fair employment, how to claim compensation for unfair dismissal, labour relations or require advice and assistance on any area of UK employment law, then please do not hesitate to contact Sam Riley Law on 0333-577-7037.
August 09, 2013


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