Mr J Galloway v Rentokil Initial UK Limited HELD AT: Hull — 2024

The claimant, who has type 1 diabetes, was dismissed after taking and eating a chocolate bar at a customer's premises during what the respondent accepted was a medical emergency. The tribunal recorded that the respondent accepted the claimant was disabled, knew of his disability, and no longer disputed that the behaviour arose from diabetes.

The tribunal found that the taking of the chocolate was an operative cause of dismissal and arose from disability, but also found that the respondent had legitimate aims of maintaining confidence in lone-working employees and protecting its reputation. It accepted that the dismissal had a substantial impact on the claimant, but concluded that the respondent's concerns about future conduct, including the claimant's lack of reassurance during the disciplinary and appeal process, meant dismissal was a proportionate means of achieving those aims.

The section 15 disability discrimination complaint was therefore dismissed. The tribunal also stated that, if its causation conclusion was wrong, the claim would fail in the alternative because the dismissal would have been caused by matters it found did not arise from disability.