Gregson D v United Response
| Gregson D v United Response | |
|---|---|
| Court | Leeds Employment Tribunal |
| Decided | 22 September 2020 |
| Court membership | |
| Judge(s) sitting | Judge Maidment |
Facts[edit]
Gregson was employed as a Support Worker by United Response in 2011. He was mainly based at the charity's premises in Highgate Park in Harrogate, North Yorkshire. His employers were made aware upon the commencement of his employment of his longstanding conditions of anxiety, depression and obsessive–compulsive disorder.[1]
The charity first raised concerns about Gregson's welfare and the risk of accidental harm to clients in November 2016 and placed restrictions on his duties.[2]
Following an argument with a co-worker, Gregson received a disciplinary warning and was moved to another site in March 2017. Gregson successfully appealed the disciplinary warning on the grounds that his co-worker had instigated the argument and the decision to relocate him was reversed.[3] An occupational health report undertaken upon his return to Harrogate found that Gregson was fit to return to work but that he could not undertake sleep-in shifts.[4] Previous restrictions were kept in place and this led to a number of disputes between Gregson and his employer, eventually leading to his suspension from work in July 2017 pending a disciplinary investigation.[5]
Gregson was formally diagnosed with autism in January 2018.[6] Upon receiving confirmation of his diagnosis, his employer deliberated whether he could continue in his employment as they considered that he required close supervision which would be an unreasonable adjustment and too expensive. He was subsequently dismissed from work in December 2018.[7]
Employment and Tribunal Hearing[edit]
The employment tribunal hearing, which took place in September 2019 and lasted 5 days, found that United Response had unfairly dismissed Gregson as they had failed to consider whether one of its own trained job coaches could work with Gregson and whether the Government's Access to Work Scheme could fund such a job coach.[8] It had further ignored an occupational health expert's recommendation that they seek advice from the National Autistic Society.[9] The tribunal judge, Judge Maidment, concluded that "In all the circumstances [United Response's] decision to terminate the claimant's employment fell outside the reasonable responses open to a reasonable employer."[10] The judge further dismissed claims of direct disability discrimination and victimisation alleged by Gregson.[11]
See also[edit]
References[edit]
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 14, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 19, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 23, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 28, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 36, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 43, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 121 - 124, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 171, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 173, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, pinpoint 177, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
- ↑ Gregson v United Response, Leeds Employment Tribunal, 09-13 September 2019, https://assets.publishing.service.gov.uk/media/5e5cd7e486650c53b74fe726/Mr_D_Gregson_v_United_Response_-Reserved_1801055.2019_and_Others.pdf, access date 10 May 2020
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