Dismissal for absence after allergic reaction was discriminatory

The case of O Ajanaku v Monsas Ltd involved Mr Anjanaku who was dismissed from Monsas after failing to notify his employer about work absence or attend for work following an anaphylactic allergic reaction. 

Facts

After suffering a food allergy induced anaphylactic response, Mr Anjanaku sought medical attention. He was instructed to rest and provided a 5-day course of medication. 

The claimant did not contact the respondent within the scope of its policy (he contacted them at nearly 2pm instead of 9:30am on the first day of absence). His evidence was that this was because he was on a lot of medication at the time.

Furthermore, Mr Anjanaku also did not provide a medical certificate because he did not believe he needed to, having been absent for 5 working days.It was highlighted that Monsas’ policy required a medical certificate after 7 calendar days but that Mr Anjanaku had not been specifically made aware of the staff handbook. 

A disciplinary hearing was scheduled at short notice and Mr Anjanaku was not informed of the possibility of dismissal if he failed to provide a medical certificate. He also was not told of his right to appeal following the disciplinary outcome of dismissal.

Judgment

The Employment Judge concluded that in the circumstances, failing to produce a medical certificate within 10 days of his recovery could not be viewed as misconduct (especially when he was unaware of the terms of the employer’s sickness policy) and that Mr. Anjanaku had been treated unfavourably when he was invited to attend the disciplinary hearing at short notice. 

His claims for direct disability discrimination, indirect disability discrimination, failure to provide reasonable adjustments, disability-related harassment and victimisation were dismissed, but his claims for breach of notice pay and discrimination arising from disability succeeded. 

A further hearing date is to be set to discuss compensation.

Commentary

There are a number of learning points from this case to take into account:

1. Understanding disciplinary processes is vital for both employer and employee. 

2. Upholding employee rights is in everyone’s benefit. 

3. Employers have a responsibility to ensure that their employees have access to and have been made aware of their policies and staff handbooks. 

4. Employees should comply with reasonable and fair disciplinary proceedings. 

For employees who have experienced unfair dismissal, Magara Law is able to help seek rectification of this including advice and representation in connection with Employment Tribunals. 

For diligent employers looking to ensure disciplinary procedures are appropriately followed, or if you are defending a claim for unfair dismissal or discrimination, speak to Magara Law about how we can help.

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Magara law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.