Disabled employee required to prove medical appointments: victimisation and unfavourable treatment succeed

This case highlights how seemingly routine management requests can cross the line into disability discrimination and victimisation. The employee, who had a recognised disability, was required by Guardian Industrial (UK) Ltd to send daily site diaries to prove he was attending work on days when he had medical appointments. The tribunal found that this requirement was unfavourable treatment arising from his disability, and also amounted to victimisation because it was a response to earlier complaints about disability-related issues.

The employer could have avoided this outcome by handling the employee's medical appointments more sensitively. Instead of demanding daily proof, they could have agreed a reasonable process for notifying absences that did not single out the employee because of his disability. The tribunal also noted that the employer failed to provide a written statement of particulars of change, which triggered an additional award.

Why this matters

For employees with disabilities, this case is a reminder that employers cannot impose extra burdens on them because of their condition. For employers, it shows that even well-intentioned monitoring can be discriminatory if it targets disability-related absences. The relatively modest compensation of £3,892 reflects the limited injury to feelings, but the legal principles established here could apply to much larger claims.