Disability discrimination

Scottish & Southern Energy plc v I MacKay (2007) EAT 30 August

The applicant employee worked for the appellant employer as an appliance repair engineer. He worked alone. The employer adopted a new system whereby it sent the employee instructions concerning his work and hours by computer. The employee found that it significantly increased the pressure on him, and he began to suffer headaches and migraines which he felt were caused by it. He was certified as unfit for work because of depression, and remained off work for several months. A medical report prepared during that time stated that the employee was unfit for work and that there was very little prospect in the short or even medium to long term of his returning in his former capacity. He returned in a supernumerary capacity, shadowing other workers, for a few months until again he was unfit to work and went on long-term sick leave. After he had been absent for over a year a vacancy arose that he said he would be happy to accept but the employer decided to dismiss him. The tribunal allowed the employee’s claim, finding (1) that he had been dismissed because of his disability and (2) the employer’s failure to explore satisfactorily with the employee his commitment to being redeployed constituted unfair dismissal.