Unite Member awarded £96,000 against EDF Energy

UNITE MEMBER AWARDED OVER £96,000 AGAINST EDF ENERGY

FOR DISABILITY DISCRIMINATION AND UNFAIR DISMISSAL

A Unite member has been awarded £96,685.21 against his former employers EDF Energy for disability discrimination (£76,279.74) and unfair dismissal (£20,405.27).

During his five years employment with the company the member had raised a number of concerns on the grounds of health and safety which were ignored or dismissed by the management. The member suffered ill health due to bullying and harassment and was signed off work. During this time he raised a grievance against a manager for bullying and harassment which was badly mis-handled. The company also failed to appreciate their obligations under the Disability Discrimination Act and did not make any adjustments to enable the member to return to work.

The Employment Tribunal found that EDF Energy had breached its implied duty of trust and confidence for its employee through its mis-handling of the grievance raised by the Unite member. The member felt forced to resign from his position due to their complete failure to deal with his grievance or to acknowledge the need to place him in alternative employment. The Tribunal agreed that the Company’s behaviour amounted to a constructive dismissal.

EDF Energy’s Human Resources department, Occupational Health department and management team were all severely criticised by the tribunal for their handling of the grievance. In its Judgment the Employment Tribunal stated: “Minutes of meetings were inaccurately recorded, letters were inaccurate and liaison with the occupational health department was deplorable. In addition, managers at all levels blatantly lied to the Tribunal.”

Rowley Ashworth Solicitors who were instructed to pursue the case on behalf of the member said: “This award sends out a strong message to EDF Energy that it has a duty of care to each and every one of its employees. They must thoroughly and promptly investigate all grievances and comply with their duties under the Disability Discrimination Act.”

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Press enquiries: Stephanie Lennon, Rowley Ashworth Solicitors - Direct Dial 0121 212 6812

Editors Notes

1. EDF Energy is one of the largest energy companies in the UK. It employs over 12,000 people, as the largest electricity supplier for London, the south east and the south west of England and supply energy to around 5.1 million customers. The company owns and manages the electricity distribution network covering the south and east of England and operates coal-fired and gas-fired power stations, private CHP plants and wind farms

2. Rowley Ashworth Solicitors specialise in employment law and personal injury claims for trades unions and their members. The firm has eight offices nationwide working on behalf of Unite (Amicus Section), Unite (TGWU Section), GMB South and USDAW.

3. Rowley Ashworth Solicitors is regulated by the Solicitors Regulation Authority.