Disability Charity Ordered to Pay Over £150,000 for Discriminatory Dismissal
A disability support charity has been ordered to pay a former employee over £150,000 after a tribunal found he was discriminated against due to his long Covid and Crohn’s disease. William Drysdale-Wood, who had dedicated eight years of service to Shared Lives South West, was dismissed on grounds of ill health in September 2023.
The organisation was aware from the outset of Mr Drysdale-Wood’s employment in 2015 that he had Crohn’s disease, a chronic inflammatory bowel condition, which could necessitate periods of sickness absence. During the COVID-19 pandemic, his immunosuppressant medication meant he was required to shield. In November 2022, his health challenges escalated with a diagnosis of long Covid and chronic fatigue.
Following his diagnosis, Mr Drysdale-Wood was signed off sick for two months, returning to work in January 2023. His return was managed with a phased approach, supported by an occupational health report that specifically recommended the “value of micro-breaks and tai chi” to aid his recovery and manage his condition.
However, the pressure to increase his workload led to another period of absence between June 28 and July 14, 2023. Shortly after this, in September, he was invited to a meeting with management to discuss his future employment. Merely days after this discussion, Mr Drysdale-Wood received an email terminating his employment, citing ill-health as the reason.
A Lengthy Battle for Justice
Mr Drysdale-Wood launched legal proceedings against Shared Lives South West, successfully arguing claims of disability discrimination and unfair dismissal. The employment tribunal subsequently ordered the charity to pay him £152,745 in compensation.
The tribunal, which was conducted remotely, heard the details of Mr Drysdale-Wood’s role as a shared lives coordinator. His responsibilities included the crucial tasks of recruiting, training, and managing carers who supported vulnerable individuals in their own homes. This vital work meant he was directly involved in ensuring people with disabilities received the care and support they needed within their communities.
The Impact of Long Covid and Chronic Conditions
The diagnosis of long Covid and chronic fatigue syndrome (ME) in September 2022 marked a significant turning point. This led to an extended period of absence from November 2022 until January 2023. By February 2023, Mr Drysdale-Wood was formally recognised as a disabled person due to his long Covid symptoms, which had persisted for over three months – a common definition for the condition.
Long Covid, affecting an estimated 1.8 per cent of the UK population, is a complex condition that can have profound and long-lasting effects on multiple organ systems. Sufferers can experience a wide array of debilitating symptoms, including persistent fatigue, cognitive difficulties often referred to as “brain fog,” shortness of breath, and chronic pain.
Support and Setbacks
Upon his return to work, the occupational health report from March 2023 reiterated the importance of strategies such as micro-breaks, tai chi, and working from home to minimise infection risk. Mr Drysdale-Wood’s workload was measured by the number of “units of support” he managed. In June 2023, his caseload stood at approximately 42 units, a figure considerably lower than the 55 units considered a full-time workload by Shared Lives South West.
An independent occupational health assessment in August revealed that Mr Drysdale-Wood had been absent for 60 days over the preceding 12 months, equating to nearly 17 per cent of the year. This statistic, while significant, was presented in the context of his ongoing health challenges.
A Swift and Harsh Dismissal
The timeline of events leading to Mr Drysdale-Wood’s dismissal was remarkably compressed. On September 6, 2023, he attended a capability meeting to discuss his workload and potential future absences. During this meeting, he was informed of a “potential” need to increase his workload, a suggestion he disagreed with, as he did not believe he was in a position to handle a full-time caseload.
A second capability meeting took place on September 14, 2023. At this meeting, the company indicated they might be able to tolerate two to three days of absence within the next three months. However, the following day, Mr Drysdale-Wood received an email informing him of the termination of his employment.
Laura Maker, the company’s people and culture leader, cited a “high probability of continued unsustainable levels of absence” as the reason for the dismissal, stating that they could no longer support his reduced workload. Mr Drysdale-Wood’s subsequent grievance against this decision was unsuccessful.
The Tribunal’s Findings
Employment Judge Edmund Beever highlighted the exceptionally brief nature of the capability process. He noted that Mr Drysdale-Wood was invited to a meeting on September 6 and dismissed immediately after a second meeting on September 14. The judge found that this rapid process did not allow Mr Drysdale-Wood sufficient opportunity to demonstrate any improvement in his health or to show that he could manage his work within the organisation’s expectations.
The tribunal determined that while the company anticipated a potential need to increase Mr Drysdale-Wood’s workload in 2023, this was not a certainty. Furthermore, Mr Drysdale-Wood had indicated his willingness to take on additional work if the need genuinely arose.
Judge Beever concluded that Shared Lives South West could have achieved its legitimate aims through less discriminatory means. Instead of resorting to the “harshest sanction of dismissal,” the organisation could have accommodated Mr Drysdale-Wood’s ongoing health needs, even to the limited extent proposed during the capability meeting of tolerating a few days of absence. The judge also recognised that the dismissal had negatively impacted Mr Drysdale-Wood’s health and increased his reliance on his wife for care.
Other claims brought forward by Mr Drysdale-Wood were dismissed by the tribunal.
Moving Forward
In response to the tribunal’s judgment, Shared Lives South West issued a statement acknowledging that while they stood by their decisions at the time, the tribunal had identified areas where their management of the case could have been improved. The charity indicated they were carefully reviewing the full judgment to implement necessary improvements in their practices, particularly concerning the support of staff with health conditions and ensuring their processes are robust, fair, and compassionate.
