A man from Staffordshire, who complained that he was dismissed while recovering from a heart operation, has lost the chance to pursue a disability discrimination claim. However, at a preliminary hearing at Birmingham Employment Tribunal he has been given the green light to claim for unfair dismissal.
David Darby complained that after being put on medication following a heart operation which had resulted in shortage of breath, stress, panic attacks, insomnia, nose bleeds and the need to take long rest periods.
Mr Darby accused his employer of not making reasonable adjustments for his condition, in order to help him carry out his work.
He was informed by the tribunal judge that it had to be decided whether his condition amounted to a disability, before he could pursue a claim for disability discrimination.
His employers challenged the seriousness of his condition, and allege that Mr Darby had been involved in a redundancy situation.
The employment tribunal found that Mr Darby was a “credible and honest witness” but that there had not been enough medical evidence to support a disability discrimination claim. However, Mr Darby was given leave to pursue an unfair dismissal claim at a later date.