Comments are closed. Previous Article Next Article Related posts:No related photos. Disability ruling highlights need for policy careOn 17 Feb 2004 in Personnel Today An employment tribunal has found supermarket giant Asda guilty of disabilitydiscrimination, despite managers following processes set down by the company todeal with employees on long-term sickness absence. In the case, Asda employee Jack Gillies fell down some stairs, which heclaimed resulted in physical and mental injuries. The Glasgow employment tribunal held that during various ‘back to work’meetings no adjustments were made to standard procedures laid down by thecompany. The tribunal also found that the standard letters set out in Asda’s employeeguides were not composed to take into account Gillies’ mental condition. It found that managers carried out procedures without considering thedistress that the procedures would cause Gillies, due to his mental state. It ruled that Asda had discriminated against him, as a duty existed underthe Disability Discrimination Act to make reasonable adjustments to the processto ease Gillies’ distress. Asda was ordered to pay the ex-employee £5,000. Claire McManus, an employment lawyer with Harper Macleod, who representedGillies, said that having extensive guidelines on the treatment of long-termabsentees was not enough, and that managers had to look at individualcircumstances and underlying factors in each case. A spokesman for Asda said the company thought the ruling was unfair andwould be considering its position.