A man who was told 'not to lay the disability card' when he told Home Bargain bosses he couldn't work too long on the tills because of his cerebral palsy has been given a £25,000 payout. Ryan Walker, 26, had been working as a sales assistant at Home Bargains since July 2017, mostly in stock filling and in the warehouse.
The role suited him as he needed to keep moving to ease the symptoms of his cerebral palsy, and he had told bosses of his condition during his interview. But Ryan said things changed when a new supervisor joined in late 2020.
He claims this supervisor regularly asked him to cover checkouts and work extra hours, reports BelfastLive. Ryan says he was happy to help on checkouts, he could only do so for short periods of time as he needed to move around due to his disability.
Ryan said that when he tried to explain to his employer his needs as a disabled person he was told not to “play the disability card.”
He claimed that due to the failure to provide reasonable adjustments and the impact on him, he contacted the company’s Wellbeing Team and lodged a formal complaint.
Ryan said it was agreed with his employer, as a reasonable adjustment, that he would only work in the warehouse and fill shelves. But despite this agreement, he alleges he was again ordered to work on the checkouts.
He then wrote to his employer to express his frustration that they had not dealt with issues regarding his reasonable adjustments appropriately. He felt he had no option but to resign.
Ryan said: “This has been an awful experience. I went from enjoying a job for three years to dreading going into work. I was honest with my employer about my disability from the start. I was eager to work. I wanted to do a good job, but it was as if some supervisors and managers simply did not care about my disability. In the end, I felt I had no option but to resign as I felt it was damaging my health.”
Ryan's case was settled without admission of liability and was supported by the Equality Commission for Northern Ireland.
Mary Kitson, Senior Legal Officer with the Equality Commission for Northern Ireland, said: “There is simply no place for disability discrimination in workplaces in Northern Ireland.
“Ryan was keen to work and valued his employment. He proactively advised his employer about his disability from the outset and reasonable adjustments were agreed.
“The Disability Discrimination Act 1995 imposes a duty on employers to make reasonable adjustments to remove barriers to the recruitment and employment of people with disabilities.
“Employers must operate within our equality laws. They must ensure that they treat all employees who are disabled with dignity and respect in the workplace. No employee with a disability should feel that their needs are not understood or valued by their employer.”
A spokesperson from Home Bargains said: “We consider this to be a private matter, and out of respect for the individual’s privacy, we will not be providing any comment or further information on this case.”
