Heather Platt successfully represents Direct Public Access client in disability discrimination claim

Heather Platt represented Nikos Foster, a former prison officer who worked at HMP The Mount in his disability discrimination claim heard by Employment Judge Cowen and members at Watford Employment Tribunal.  In April 2015, the Claimant witnessed a shocking attempted murder between prisoners, he thought the prisoner was going to die.  He started to show symptoms of PTSD.  The Claimant was assaulted by a prisoner in October 2016 which caused an injury to his nose which required surgery.  This had an effect on his mental health and he had symptoms of anxiety and PTSD. A third incidence in February 2017 occurred when the Claimant was assaulted by another prisoner.  The Claimant was assaulted again by a prisoner in May 2017, this time he was knocked unconscious and hit his head when he hit the floor.  After this the Claimant was sniffed off by his GP for trauma and PTSD.  He was recommended to undergo intensive therapy to address his PTSD for 3 months.  He was granted a sick leave excusal for the 3 month period, but this was later counted against him in a sickness absence meeting, even though it related to his disability and had been authorised.  After that period of therapy the Claimant said he needed a 12 week phased return to work.  That was initially agreed by his line manager but was later withdrawn.

The Claimant won his claims of discrimination for a reason arising from disability, namely PTSD, and a failure to make reasonable adjustments.  The Watford Employment tribunal found that the Claimant’s mental health was not adequately accommodated and that he was treated unfavourably because he needed a 12-week phased return which he was initially offered by the Respondent, but that was withdrawn and instead he was dismissed for capability because of his sickness absence.

Mr Foster is very pleased with the outcome, there is a remedy hearing later this year to determine what compensation will be awarded.  Mr Foster instructed Heather Platt via Direct Public Access.