A barrister who suffered from a medical condition which caused repetitive flatulence has won £135,000 in compensation from the CPS after his request to work from home was denied.
The farting allegation was one of a number of disability discrimination claims and he asserted that asking him to stop farting in the office was embarrassing and violated his dignity. However the employment tribunal found that it was reasonable request of his colleagues to make given the size of the shared office and how often he suffered the flatulence.
However the barrister has been awarded over £135,000 in compensation by not making reasonable adjustments to help him manage his condition. In particular they refused his request to work from home 2 days per week, to leave work early at 4pm and to be removed from court duties. The CPS had also failed to follow the recommendations of an occupational health adviser without good reason.
This case highlights the importance of employers and employees working together to help those who suffer medical conditions with all parties needing to act reasonably. The embarrassing nature of this particular medical condition necessitated relatively modest changes in home working arrangements and working hours and the employer should have been more open to them. However the individual should also be mindful of the balance between his interests and those of colleagues. It is always a careful balancing act and emphasises the point that an employer needs to make ‘reasonable’ adjustments, but not ‘all possible’ adjustments.
If you have any queries relating to disability rights at work please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.