In Kuppala v HBOS Plc, K has Type 2 diabetes. He was dismissed from his position as a bank manager because of his failure to follow proper exit procedures on three occasions. An ET upheld his unfair dismissal and discrimination arising from disability claims. The ET found that K’s diabetes was uncontrolled. When K failed to follow procedures, he was not eating regularly and lacked concentration which affected his judgment detrimentally. The ET concluded that K’s disability was an effective cause of his failure to follow procedures and he was dismissed because of something arising in consequence of disability. While the employer had the legitimate aim of ensuring bank security, the dismissal of an employee with 14 years’ service was not proportionate. K had been allowed to work on as a manager while the disciplinary process was ongoing, K’s diabetes could have been treated and controlled and his relevant functioning improved, and the employer had not shown that less discriminatory measures could have been adopted, for example, a final written warning with training and a referral to Occupation Health, to ensure proper management of K’s diabetes in future.  K was awarded £49,456.

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