Mirror

Worker wins £2.5million payout for unfair dismissal during cancer treatment

Mirror logo Mirror 5/05/2021 16:40:11 Emma Munbodh

A worker who took his employer to court for unfair dismissal has been awarded £2.5million in one of the country's biggest disability discrimination payouts to date.

David Barrow, 63, won a claim for unfair dismissal, harassment and unfavourable treatment after his employer fired him while undergoing cancer treatment three years ago.

The dad-of-two from London had worked for US construction giant Kellogg, Brown & Root for 36 years until he was suddenly escorted off the premises in December 2017.

He told the employment tribunal how bosses called him into a room and told him to leave after exchanging several heated emails.

The employee said he was experiencing severe side effects of steroid medication at the time due to an illness which had not yet been diagnosed.

a close up of an animal: KBR insists that it does not condone workplace discrimination © wikipedia.orgKBR insists that it does not condone workplace discrimination

"These discussions are always difficult but I'm afraid KBR can no longer employ you," he was told.

The HR manager then told him he had 20 minutes to leave and escorted him and his personal belongings from the building.

In January 2018, Barrow's symptoms were officially diagnosed as cancer.

He informed his employer, who then attempted to instigate a post-dated dismissal process. Barrow, despite their knowledge of his condition, was formally dismissed in May 2018.

The employment tribunal said Barrow was a victim of discriminatory dismissal and harassment.

Judges concluded that there had been no genuine attempt by the company to look at matters afresh and consider Barrow's mitigating health circumstances.

The tribunal said: "No reasonable employer would have acted in the way the Respondent did in dismissing an employee who had spent 36 years working for the company".

Barrow's rare cancer together with the severe depression and anxiety caused by his employer mean that he is unlikely to be able to work in the foreseeable future, if at all.

The tribunal ordered KBR to pay £2,567,831.96 including £7,500 for aggravated damages.

It said there was little doubt that the company manufactured a sham dismissal.

Barrow's solicitor, Anita Vadgama at Didlaw, said: "My client is a man who devoted his entire life, 36 years, to working for this employer. He started to suffer health issues due to a rare form of cancer and his employer dismissed him, escorted him to the door. Today justice has been served. All £2.5m of it. I could not be happier for him".

Barrow said: "I'm glad that this is over and that justice has been served as I can finally move on with my life."

A KBR's statement told the Mirror: "KBR respects the court's decision and is committed to conducting its business honestly and with integrity.

"We remain focused on always evolving our processes - creating a workplace where our employees feel valued and respected, and affirming that we do not tolerate any form of discrimination."

mercredi 5 mai 2021 19:40:11 Categories: Mirror

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