Haldane Fisher settles disability discrimination case

A sales representative has settled his discrimination case against Haldane Fisher for £20,000; Mark Graham worked for the merchant for 28 years before he was diagnosed with a brain tumour and was later diagnosed with Ménière’s disease, a rare inner-ear condition that can affect balance and hearing.

In October 2019, Graham was offered the position of area merchant sales representative for the Republic of Ireland.

In May 2021, the company said it wanted its sales staff to get back out on the road. Due to ongoing restrictions in the country and Graham’s vulnerable person status, he planned to resume in-person meetings at the end of the month.

In the following months, managers at the merchant held meetings with Graham which included an investigation into his not being in the road, but no action was taken.

After this, Graham was left feeling distressed. He took a period of sick leave and then lodged a grievance, but this was not upheld.

He requested an adjustment to his working pattern, and wanted to work three days per week meeting with customers and two days working from home.

Haldane Fisher declined but offered four days on the road and one day in the office. This would be on a one-month trial basis but if sales figures fell, he would have to revert to five days on the road.

Graham claimed after the trial period there was no review of the arrangement and by October 2022, he left that he has no alternative but to resign due to the impact on his health.

Graham said: “This has been a very difficult time and I’m disappointed that after 28 years’ service, my career ended as it did. I needed my employer to support me to remain in a job I enjoyed and was very good at. I believe they did not fully understand my disability. I felt that I was considered a burden and that I could not be trusted.”

Eoin O’Neill, director of legal services at the Equality Commission for Northern Ireland, which supported Graham’s case, said: “Employees with disabilities should be supported in the workplace. The legislation requires employers to fully consider requests for reasonable adjustments to help their disabled employees to remain in work and this might include offering alternative working patterns. Failure to do so can make employers subject to challenge through the courts.”

The Haldane Group said in a statement that it considers itself to be an equal opportunities employer and denies the allegations made in this case which was settled without admission of liability.