Employment judge Sarah Keogh found that Drywall Solutions UK discriminated against Hajee-Adam by rescinding the offer because it decided “it did not want to make the reasonable adjustments” he had requested.
Drywall’s actions would “reasonably have the effect of causing the claimant significant distress and humiliation”, the tribunal found.
Hajee-Adam brought five claims in March 2020, and the judgment was given on 28 July. Two claims succeeded, two others partially succeeded, and one was dismissed.
In October 2019, Hajee-Adam was verbally offered the role of finance director, and subsequently sent the firm several requests regarding his disability.
Hajee-Adam had chronic IBS, anxiety and seasonal affective disorder at the time of his application.
The tribunal found that he made several requests: that his hours be spread over three days, that he start work around midday, that he receive a desk with natural light, and that he work no more than 20 hours per week.
In its letter, the firm said: “Having reflected on the positions our growth plans meant that we would expect a financial director to be able to give more time to the business as it grows and on reflection we felt that your refusal to be able to work any more than two days, on grounds of your health, would be detrimental to the business as we grow, and that it would not be worth the investment in time and effort to embark on the employment relationship that ultimately would not grow with the business needs.”
Hajee-Adam alleged that Drywall directly discriminated against him, harassed him and failed to make “reasonable adjustments” to meet his requests.
Drywall argued that it had rescinded the job offer due to the “claimant’s attitude” displayed in a further letter sent to the firm and concerns about his lack of flexibility regarding the hours he could work.