In a significant ruling by the South London Employment Tribunal, Mr Liaqat Sheikh, a 70-year-old former Security Officer, successfully claimed Disability Discrimination, Victimisation, and Unfair Dismissal against C.I.S Security, a prominent UK security firm. Mr. Sheikh’s case underscores the critical importance of adhering to Return to Work (RTW) agreements, particularly for employees returning from medical leave and with disabilities.
Mr Sheikh, a family man with 5 children and eight grandchildren began his tenure with C.I.S Security in April 2019. He sustained a serious back injury whilst on duty, which led to restricted mobility and a five and half month absence from work. On returning to work he encountered challenges during the next few months as C.I.S Security failed to comply with the agreed Return to Work plan established by medical professionals.
Despite his willingness to adapt, including working on gruelling 12-hour night shifts, against medical recommendations, the management failed to provide adequate support or adhere to the agreed-upon Return to Work (RTW) accommodations. Instead, the Company unilaterally revoked these accommodations in March 2021, demanding Mr. Sheikh return to pre-injury shifts.
An Occupational Health (OH) report commissioned by CIS Security in April 2021 confirmed Mr. Sheikh’s medical limitations, including restrictions on standing, walking, and lifting. Despite these findings, he was dismissed, leaving him unable to secure similar employment due to his age and physical constraints.
The conclusion from the tribunal found that Mr. Sheikh was subjected to unreasonable working conditions, including the 12 hour shifts exacerbating his back injury and adding further compromise to his mental health and family life. The decision serves as a reminder of the legal obligations employers have in accommodating employees with disabilities and ensuring their rights are protected in the workplace.
This case highlights the need for organizations to foster work environments that adhere to established safety protocols, ensuring that all employees, particularly those with disabilities, are treated fairly and with respect.
Now 70 years old, Mr. Sheikh said, “My dismissal at age 67 has had far-reaching consequences. This injury and its aftermath has altered my life profoundly. My wife and son had to assist with basic tasks, and my family’s dynamic has been irreparably harmed due to the stress. I had planned to work until retirement but now find myself grappling with pain which had worsened due to the work and the stress thereby reducing any other work opportunities. With that being said, I am determined to highlight the need for greater accountability in workplace accommodations and the importance of fair treatment and adherence to workplace agreements, particularly for employees with disabilities”.
