BMW unfairly dismissed a disabled worker after covertly surveilling him during a long period of sick leave, an employment tribunal has found.
Mr Mohamed Kerita (the claimant), who suffered from chronic back pain, was subjected to secret video monitoring by private investigators while off work with a confirmed disability.
The footage showed him walking several miles and bending over, prompting his managers to accuse him of dishonesty and fire him for gross misconduct.
However, the tribunal held in Reading ruled the dismissal was both unfair and discriminatory, and found that the company had failed in its duty to make reasonable adjustments for Mr Kerita’s disability over a period of nearly two years.
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