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Employment tribunal rules in favor of blind employee against Village Bakery

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Posted: Monday, June 17, 2024

Wrexham.com for people living in or visiting the Wrexham area

A local employment tribunal has ruled in favor of a blind employee, finding that The Village Bakery (Wrexham) Limited failed to make reasonable accommodation for his disability, ultimately leading to his dismissal.

The judgment (PDF here), delivered at the Mold Law Centre, highlighted several significant failings by the employer in meeting its obligations under the Equality Act 2010.

The case involved Mr. Stanley, who has been registered blind since 2010. Mr Stanley was employed as a production operator on the night shift, starting on July 17, 2023. However, his employment was terminated just over a month later, on August 30, 2023. During this brief period, issues regarding his performance and the lack of reasonable accommodations to accommodate his disability were brought to light.

The court ruled in Mr. Stanley’s favor on several key appeals. One of the main issues was the employer’s failure to extend Mr. Stanley’s probationary period, which would have allowed him more time to adjust to his new role and work environment. The court considered this a reasonable adjustment that was necessary for his successful integration.

Another point was the lack of provision of a support worker. The court found that having a support worker would have facilitated Mr Stanley’s ability to carry out his duties effectively.

Also, the court decided that by informing Mr. Stanley’s colleagues regarding his visual impairment was a reasonable adjustment that would have fostered a more supportive work environment.

Additionally, the court noted that providing Mr. Stanley with high-visibility clothing was a direct and necessary adjustment that was not made.

While these complaints were upheld, the court dismissed several other complaints related to the failure to make reasonable adjustments.

The court also addressed the issue of adverse treatment in relation to Mr. Stanley’s discharge. It was found that his termination was directly related to his disability stemming from his employer’s failure to meet his needs adequately.

The Equality Act 2010 mandates employers to make reasonable adjustments to support disabled employees. This includes modifications to the work environment or changes in the way tasks are performed to mitigate the disadvantages faced by employees with disabilities.

The full narrative judgment can be found here.

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