A manager who was forced out of his job when steroid medication altered his mood has been awarded more than £2.5m at an employment tribunal.
Concluding the case, the tribunal said it had “little difficulty” in finding that engineering and infrastructure firm Kellogg, Brown and Root (KBR) “dressed up” David Barrow’s termination as a breakdown in trust and confidence.
It also agreed with witness testimony that the company created a “ruse” to dismiss Barrow, who was a victim of unfair dismissal, disability-related harassment and unfavourable treatment for something arising in consequence of disability.
Barrow, a senior employee who had worked for KBR for 36 years, experienced a change in behaviour after taking prescribed steroids for a skin condition that was subsequently diagnosed as a form of lymphoma. His employment was terminated after an exchange of communication and discussion which started over concerns about his promotion. However, an email sent to colleagues stated his “lack of performance over the last 18 months, combined with behaviour not commensurate with his leadership role, have made his continuance not tenable”. The reason for dismissal was finally formally given as a breakdown of trust and confidence.
The Judge hearing the case found that the investigation had been a sham and senior staff had decided that he had to go. The firm representing Barrow said the ruling was a victory for every sick and disabled employee in the country and should be a warning to all employers. Karen Didlaw said “In making an award of this magnitude the tribunal sent a clear signal of its contempt for the actions of this employer. To also get a rare aggravated damages award is the cherry on the cake,” she said. “This case should stand as a cautionary tale for all employers.”
Halcyon HR specialises in Employment Law and Discrimination and provides training for managers.