A man who was told to either accept longer working hours, or leave his job, has won an Employment Appeal Tribunal (EAT) on grounds of unfair dismissal.
Mr Carreras worked from 09:00 to 21:00 at United First Partnership Research until he was involved in a motorcycle accident in 2012 – which left him with regular symptoms of headaches, dizziness and fatigue.
Under the Equality Act 2010, his employer at first made reasonable adjustments to accommodate Mr Carreras’ condition – switching his working hours to 0:800 to 19:00, a Court heard.
But bosses later told the struggling employee that he must agree to work later hours.
Mr Carreras agreed at first, fearing that his job could be at risk if he did not – a fear which was confirmed when United First Partnership later told the employee that if he could not keep up the longer working hours for the foreseeable future, he should hand in his resignation.
An EAT ruled that the termination of his employment was a direct result of United First Partnership’s breach of contract and failure to make and uphold reasonable adjustments to help disabled workers, or those disadvantaged by a provision, criterion or practice (PCP) in the workplace.
Employers are advised to carefully consider the impact that their working environment could have on certain employees who may be disadvantaged, as the case of Carreras v United First Partnership Research could set a precedent for future Tribunals.