BMW Disability Discrimination Lawsuit | Unfair Dismissal
BMW Worker Spied On and Unfairly Dismissed After Back Pain claims, Tribunal Finds
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A disabled BMW worker was unfairly dismissed after his employer authorized covert surveillance, suspecting he was exaggerating his back pain, a tribunal has ruled. The case highlights concerns about disability discrimination and the lengths to which companies may go to challenge employee sick leave.
Covert Surveillance and Distrust of Employees
Mohamed Kerita,an employee at BMW’s manufacturing factory,began experiencing back pain in 2017.in March 2023,his GP signed him off work for two months. A physiotherapist, unable to fully explain the severity of Kerita’s pain, communicated these concerns to Richard Darvill, the absence manager.
This prompted Darvill and HR manager Akhil Patel to instruct security firm G4S to conduct surveillance on Kerita – a move described by Employment Judge Emma Jane Hawksworth as “highly unusual.” A G4S operative followed Kerita and filmed him walking approximately three miles over 90 minutes. Crucially, the surveillance focused solely on observing his physical movement from behind, without capturing his face, and the report concluded there was “no indication whatsoever” of pain or discomfort.
Darvill afterward sought additional funding for continued surveillance, aiming for a “robust outcome,” according to tribunal documents.
Unfair Dismissal and Disability Discrimination
Despite Kerita never claiming an inability to walk, and without directly addressing his reported pain, BMW dismissed him in May 2023 for gross misconduct. The charges included fraudulent claims for company sick pay and unacceptable levels of absence. During a disciplinary meeting, Kerita requested light duties due to his condition, but was informed none were available and sent home.
The tribunal found that Kerita’s back pain did meet the legal definition of a disability under the Equality Act 2010. Judge Hawksworth’s ruling indicated a pattern of distrust towards employees with back conditions within BMW’s management. the tribunal inferred that managers were “unwilling to take their word for it that they had a back problem, or were swift to conclude that a person with a back condition was not being honest about their symptoms.”
The judge also criticized the company for making assumptions about Kerita’s statements regarding his ability to walk and misinterpreting the G4S surveillance footage.
Tribunal Ruling: Failure to Make Reasonable Adjustments
Kerita’s claims of failure to make reasonable adjustments, disability discrimination, and unfair dismissal all succeeded. The case underscores the legal obligations employers have to support disabled employees and avoid discriminatory practices. The ruling serves as a stark warning against intrusive surveillance tactics and the dangers of pre-judging employee health conditions.
This case raises critically important questions about workplace culture and the need for employers to prioritize employee wellbeing and adhere to equality legislation. Further details regarding compensation for Kerita are yet to be steadfast.