AA discriminated against diabetic employee

29 July 2011

An employment tribunal has found that the AA did discriminate against a diabetic employee, Paul Bailey.

Paul Bailey was diagnosed with type 1 diabetes in June 2009 and was advised to take a more measured approach to work. This more measured approach led to a decline in his performance. Whereas once he had excelled his work was now average.

The AA, as a consequence of this drop in performance, took the unusual step of sending out a training support patrol with Mr Bailey for two weeks. Training patrols are ordinarily sent for 1 or 2 days only.

The Tribunal found that this stringent level of assesment was due to his disability. The Tribunal also found that Mr Bailey's performance did not warrant a training support assessment as his work remained average.

Mr. Bailey was subsequently offered three months' salary to leave and told that the alternative would be to be placed on an improvement plan, which he was told he wouldn't pass. When Mr. Bailey refused to leave he was subjected to a technical assessment for poor performers.

The Employment Tribunal unanimously held that Mr Bailey had been subjected to direct disability discrimination, discrimination arising from disability, harassment and a failure to make reasonable adjustments because of his disability.

Following receipt of the judgment, Mr Bailey said, 'I feel a massive sense of relief as this has had a major impact on my life, particularly over the last 9 months. I put my faith in the court and it proved to be the right thing to do.'

Paul Grafton, GMB Regional Officer, who supported the claim on behalf of Mr. Bailey said: 'This should show other staff at AA that there is an alternative to being "performance managed" out the door.'

Anna Beale from Cloisters represented Mr Bailey and was instructed by Asha Wije from Simpson Millar LLP.  Please see BBC News page here