Senior Employee Awarded £2.5m By Employment Tribunal For Unfair Dismissal And Disability Harassment

Mr Barrow was sacked after 36 years working for multinational construction company Kellogg, Brown & Root (KBR). After several hearings, the London South Employment Tribunal concluded that his dismissal had been unfair, that he was treated unfavourably and had suffered disability-related harassment. The tribunal ordered KBR to pay Mr Barrow £2,567,831.96, including £7,500 for aggravated damages.

What did the case entail?

In November 2017, Mr Barrow was prescribed a strong oral steroid to treat a skin condition and the prescribed medication affected his behaviour, causing him to become hyperactive and he struggled to concentrate whilst at work. 

At this time, Mr Barrow had just received a promotion and he enquired about a discrepancy in the paperwork he received. The HR director suggested that he was given a promotion to make him look more senior compared to a colleague who was on a higher pay grade. This led to Mr Barrow complaining in an email that he felt demoralised and disadvantaged, and that he had been denied a meaningful promotion.

A few days later, Mr Barrow told the HR director that his medication had an effect on his emotional response to some situations and he made an appointment with occupational health. During this appointment, it was advised that Mr Barrow take some time off work and let the level of steroids in his system reduce. 

Upon his return to work, Mr Barrow attended a meeting with his line manager and after leaving this meeting disappointed that his work objectives were ot discussed because of time constraints, he emailed his line manager to raise this. Mr Barrow was then told that his line manager did not want to have this long discussion with him over email. 

On 5th December Mr Barrow was invited to a meeting with another HR director where he was told that KBR could no longer employ him and he had to gather his belongings. He was then escorted off the premises. 

In January 2018, Mr Barrow was diagnosed with a rare type of cancer and his solicitor informed KBR of this. Then, in March Mr Barrow was invited to a meeting at KRB but he was unable to attend due to his cancer treatment.

A couple of months later in May, Mr Barrow received a letter dismissing him with immediate effect with pay in lieu of notice. There were reasons given for the dismissal including; concerns about how he interacted with clients and his choice of words in emails with superior employees. The letter said that they were mindful of the fact he was on medication but there was a breakdown in trust and confidence in him. 

What can employees learn from this case?

It goes without saying that all unfair dismissal claims and disability discrimination claims are different, nevertheless, a lot can be learnt from the details of a case and the outcome at the Employment Tribunal. Mr Barrow winning his case shows how The Equality Act 2010 is able to protect employees in relation to disabilities and that the Employment Tribunal will be critical of unlawful actions. Awards of this magnitude are not very common, neither are aggravated damages awards, and it highlights just how seriously these types of cases are taken. 

This case is also a very clear example of how some employers do not handle dismissals correctly and they overlook all procedures required to make a dismissal fair. All employees should be aware that if they are in a situation where their employer did not follow the correct procedures when dismissing them that they too might be able to make a claim to the Employment Tribunal. 

It is worth noting that in order for a dismissal to be fair, an employer must have a valid reason for dismissing an employee and they must follow the proper dismissal procedures, ensuring that the dismissal was fair in all circumstances. Certain motivations for dismissing an employee will also automatically be viewed as unfair and result in unfair dismissal too.

How Nationwide Employment Lawyers can help 

Should you wish to speak to an employment law specialist about a potential unfair dismissal claim or disability discrimination claim in more detail, please do not hesitate to contact us here at Nationwide Employment Lawyers. Our team has decades of experience in employment law claims with expertise in claims of disability discrimination and unfair dismissal, to name a few, so you can trust they are the best people to reach out to for advice. No matter what your case may entail, we will do all we can to assist you and if you wish to take a claim to the Employment Tribunal, we will be here to support and guide you every step of the way.