Angard Staffing Solutions worker did not prove high blood pressure precluded him from night shifts, rules EAT

[TrueBlueTerrier]

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But employers reminded tribunals will check if they should have known about disabilities


The Employment Appeal Tribunal (EAT) has dismissed the appeal of a casual worker with hypertension (high blood pressure) after he failed to adequately prove his condition prevented him from carrying out regular night shifts.

Francis Mutombo-Mpania was employed as a flexible worker by Angard Staffing Solutions, which supplies Royal Mail with casual staff, from November 2015. He had been diagnosed with essential hypertension – raised blood pressure without a known cause – in March 2011 and took medication daily to prevent the associated risks, such as heart attacks. His symptoms included headaches, fatigue and breathing difficulties.

However, on his Angard job application form, Mutombo-Mpania indicated he did not consider himself to have a disability.

Angard offered Mutombo-Mpania shifts through text message, which he could accept or decline. Throughout his first year with Angard, Mutombo-Mpania worked a late shift finishing at 10pm at Glasgow Mail Centre.

As the mail centre needed more night workers around the Christmas period, Angard offered Mutombo-Mpania night bookings between 21 November 2016 and 13 January 2017. Mutombo-Mpania accepted.

Mutombo-Mpania later emailed Angard to say his “health condition” prevented him from working nights regularly. He asked to be moved back to his usual slot.

Angard responded and changed his shifts to the earlier time for the first week of the period. Mutombo-Mpania replied to ask what times he was booked to work in the subsequent weeks, again mentioning his “health condition” prevented him from performing regular night work.

Mutombo-Mpania failed to attend shifts he had been booked for on four occasions between 21 November and 15 December. Glasgow Mail Centre contacted Angard to say it no longer wanted Mutombo-Mpania to work there.

Mutombo-Mpania was told about this on 15 December. The worker emailed back, apologising for missing the most recent night shift but adding this was because of his aforementioned health condition.

Mutombo-Mpania brought various claims to tribunal, including one for disability discrimination.

The tribunal found Mutombo-Mpania had not provided sufficient evidence on how his hypertension affected his day-to-day activities. The judgment added that, even if the worker had proved he was disabled, his employer could not have reasonably known this.

“The only matter referred to was a desire not to work regular night shift,” the tribunal judgment read. “[Mutombo-Mpania] offered no explanation regarding the impact working regular night shifts had on him and/or why this was caused by his impairment.”

Mutombo-Mpania appealed, arguing the initial tribunal had failed to properly account for the evidence available regarding his hypertension and to properly address the steps his employer should have taken to ascertain whether he was disabled.

The EAT dismissed his appeal. Mutombo-Mpania, whose native language is French but the judgment noted had “proficient” spoken English, still has other claims outstanding, which will now be heard by a tribunal.

Andrew Willis, CIPD HR-inform’s head of legal, said the case reinforced that the burden was “on the employee to show that they meet each requirement within the [legislative definition of a disability]”.

“However, employers should bear in mind that a tribunal will look at whether they had constructive knowledge of the disability and, if they do, whether they have failed to explore any reasonable adjustments that could remove disadvantages faced by the employee in their work,” Willis added. “It is, therefore, advisable that employers conduct a full investigation into any reported issues of ill health that employees claim are affecting their ability to work and ensure they are responded to fully.”

Neither Angard nor Mutombo-Mpania could be reached for comment.

[Failureisnotanoption]

Strange case in some respects there are well over a million people with high blood pressure in the country. and thousands working with it . With medication it’s easily managed and would not stop anyone in my humble opinion from holding down a full time job let alone zero hours one. think he would struggle winning any case on the grounds unless of other issues relating to it. Comes across as he didn’t want to work nights and the high blood pressure is a cop out as the mail wanted rid as he wasn’t turning in there going to do that I wouldn’t normally side with Angard as there a shower of shite but if your going to take them to court do it properly.