Search
Close this search box.

Office manager wins unfair dismissal and disability discrimination claim after being refused new chair

In the case of Mrs Lynda Walker v Modular Office & Storage Systems Limited Mrs Walker’s  employment began in January 2001. She was originally employed to undertake general administrative work and tele-sales, but her role gradually encompassed that of the office manager. She was one of 6 full-time employees, which included the two directors.

In the case of Mrs Lynda Walker v Modular Office & Storage Systems Limited Mrs Walker’s employment began in January 2001. She was originally employed to undertake general administrative work and tele-sales, but her role gradually encompassed that of the office manager. She was one of 6 full-time employees, which included the two directors.

The tribunal heard she went off sick for a week in May 2018 due to hip bursitis and then she went off for a fortnight due to hip and back pain in October, followed by a certified five months off, with the final certificate due to expire in March 2019. Her employer had never had a member of staff absent for such a significant period of time and there were no dedicated HR staff.

An occupational health report was carried in December 2018 which found she had endured pain in her left hip for up to three years and was on medication. She had asked for a new chair as the one she had been using was not suitable because it “exacerbated her pain and discomfort”, the hearing was told.

In order to help alleviate some of her pain, Mrs Walker had asked for the arms of her chair to be removed but engineer, Christopher Hoey, was “reluctant” to do this as they were screwed on and he thought it would make the chair faulty , the panel heard.

The company, Modular Office & Storage Systems Limited based in Tyne and Wear, failed to carry out a workplace assessment to establish whether a different chair or desk would have helped Mrs Walker return to work. She was sacked for long term ill health in February 2019 with the company claiming that “even with modification”, they could not foresee a return-to-work date.

Employment Judge Gerald Johnson concluded: “[Mrs Walker] maintained (as did the occupational health physician) that a more suitable chair and desk would probably mean that [she] would be able to return to work sooner to undertake her duties.

“[The company] failed to address its mind to the possibility of making that adjustment.”

Read more

Latest News

Read More

Time to prepare for raft of legal changes to workplace policies

19 March 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Guildhall School of Music & Drama – Guildhall School of Music & DramaSalary: £30,180 to £33,120 per annum including London Weighting depending on experience, Grade

Human Resources Coordinator To assist the HR Manager and the Director of Human Resources in maintaining positive internal and external relationships with both Associates and

My client a Global Communications firm, are looking to expand their HR team by hiring a People Partner to look after their Paris and Bussel’s

Be part of a business that continues to grow and develop. You will be based in a regional office, and be required to travel accordingly

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE