A lorry driver with type 2 diabetes dismissed for urinating in a loading yard succeeded in claims for disability discrimination and unfair dismissal.
The tribunal accepted that a sudden need to urinate when he got out of his cab arose from his type 2 diabetes. It held there was a breach of s.15 EqA (discrimination arising from disability) and the EAT upheld this.
The employer argued health and safety (as well as reputational damage) as a justification. However the tribunal and EAT considered the employer had not put to the tribunal sufficient evidence and arguments to show the health and safety risk and, importantly, to show the dismissal was proportionate.
The EAT also upheld the tribunal’s decision that the claimant had been unfairly dismissed and should be reinstated.
The case is Asda Stores v Raymond, EAT, 2018 www.bailii.org/uk/cases/UKEAT/2018/0268_17_1312.html