A former site manager at Cranatt Construction has been awarded £73,000 after a tribunal found he was unfairly dismissed and discriminated against due to his disability.
Simon Wells had worked for the firm for 16 years, from 2007 until 2023. He suffered from bronchiectasis, a chronic respiratory disease considered a disability under the Equality Act 2010.
From late November 2022 to early April 2023, Wells was required to work alone. A letter dated 5 April 2023 alleged that he had been responsible for a series of defects and had been invited to a disciplinary hearing.
However, this did not set out factual details of the reasons for his suspension and only stated that an investigation, which may amount to gross negligence, was due to take place. The letter said it would consider whether a risk had been posed to the firm and its reputation by failures to act “appropriately and with sufficient skill which had repeatedly cost the respondent large sums of money”.
The disciplinary investigation, which led to Wells’ dismissal for gross negligence on 26 April 2023, was carried out without an independent investigator and without full disclosure of evidence.
The tribunal found that Wells had been subjected to disability discrimination over a four-month period following a change of management at his employer and was unfairly dismissed.
It also found that Cranatt Construction failed to assist Wells in obtaining the required Site Management Safety Training Scheme and first‑aid certificates after these lapsed in November 2022. The tribunal considered this a failure to make reasonable adjustments required under the Equality Act.
It ruled Wells had been successful in his claims for breach of contract, unfair dismissal and disability discrimination. An employment judge has now awarded him £72,900, which included compensation for injury to feelings and financial losses.
Employment Judge Bowen said that the disciplinary allegations against Wells were “central to his professionalism and reputation”.
“We accept [Wells’] evidence that the claimant was devastated, shocked and humiliated by his dismissal and [Cranatt Construction’s] discriminatory treatment towards him. We accepted that [Wells] felt isolated from longstanding friendships with his colleagues and friends.”
Cranatt Construction was contacted for comment prior to publication.
