Former O2 worker receives £160,000 settlement in disability discrimination case

A sales adviser who said his former employer did not properly implement recommendations to assist his return to work after he was diagnosed with a degenerative disc disease has settled his disability claim.

The case, which was supported by the Equality Commission for Northern Ireland, was settled with no admission of liability by Telefonica Ltd for £160,000.

Eamon Bowen worked in an O2 store for a number of years. In 2014, he was diagnosed with spondylolisthesis, which causes him chronic pain, exhaustion, sleep and mobility issues.

Due to his health condition, Mr Bowen had to take periods of sick leave which were followed by referrals to occupational health, who made various recommendations to help him back to work.

The Equality Commission said Mr Bowen was keen to work, he managed his condition and worked from home during the pandemic.

When he returned to work in-store following lockdown in June 2020, he found this difficult as he spent most of his working day on his feet.

He took more sick leave which led to further referrals to occupational health, who recommended a phased return to work, reduced working hours and use of a support chair on the shop floor.

Mr Bowen said the recommendations were not implemented appropriately and he resigned in November 2021.

Mr Bowen said: “I enjoyed my job, I wanted to work. Occupational health made recommendations time and time again to help me to return to, and remain in, work but these were not fully implemented.

“In the end, without these supports and adjustments it became impossible for me to continue working.

“I believe their failure to fully implement occupational health’s recommendations and to talk to me about my needs as a disabled person cost me my job.”

Chief Commissioner at the Equality Commission for Northern Ireland Geraldine McGahey said: “This case was settled for a significant amount of money and the company has lost an experienced employee.

“It is essential that employers carefully consider all recommendations made by occupational health and communicate with the person with a disability to ensure they understand their needs.

“It’s also important that all staff, particularly line managers, know that the law says reasonable adjustments have to be considered.”

The Equality Commission said that in settling the case Telefonica acknowledged and apologised to Mr Bowen for the significant upset, distress and injury to feelings that he experienced.

The company also affirmed its commitment to the principles of equality in employment and to ensuring that they comply with equality law.

The company has agreed to work with the commission to review policies, practices and procedures.