Diabetic senior technical officer dismissed for speeding wins discrimination claim

When a fair dismissal is still discriminatory

This case shows that a dismissal can be procedurally fair for conduct purposes yet still unlawful under discrimination law. The Senior Technical Officer, who had seven years' service with Network Rail, was dismissed for driving at 62 mph in a 40 mph zone. The tribunal accepted that the employer genuinely believed the speeding was reckless misconduct and followed a reasonable procedure. However, the key detail was that the claimant had Type 1 diabetes and was experiencing hypoglycaemia at the time of the incident.

What Network Rail could have done differently

The employer knew the claimant was diabetic but had not put in place any formal adjustment plan for driving. When the claimant explained that his low blood sugar affected his concentration, the investigation did not properly explore this link. A more thorough inquiry into whether the diabetes caused or contributed to the speeding might have led to a different outcome. The tribunal found that dismissing the claimant for something arising from his disability — the low blood sugar — was not a proportionate means of achieving the legitimate aim of safety.

Why this matters for similar claims

This case is a reminder that even in safety-critical industries, employers must consider reasonable adjustments before dismissing for misconduct linked to a disability. For employees, it highlights the importance of formally requesting adjustments and ensuring that any medical condition is documented and discussed. The award of over £66,000 reflects the financial and emotional impact of a discriminatory dismissal, even where the underlying conduct dismissal was fair.