Worker with Tourette's wins nearly £10,000 after dismissal for outburst

A worker who suffers from Tourette's syndrome, ADHD, OCD, and PTSD has been awarded nearly £10,000 in compensation after being sacked for calling a colleague a "lazy b*****d." Jonathan Gee, 31, successfully argued at a Liverpool Employment Tribunal that his dismissal from JF Renshaw, a baking goods manufacturer, constituted disability discrimination.

The tribunal heard that in late 2020, Gee felt a colleague was "not pulling her weight," which triggered an outburst where he used offensive language. This incident led to an occupational health referral and his subsequent sacking two months later.

A report following the referral suggested workplace adjustments for Gee, including informing colleagues about his conditions and providing him with "time out" sessions. However, the judge found that on the same day Gee met with his area manager to discuss these potential adjustments, he was given his notice of termination. The judge noted this timing was "no coincidence."

While the termination letter cited the need to release temporary staff, the judge determined that only Gee and another employee with a poor attendance record were dismissed. The tribunal concluded that Gee's disabilities were the reason for his termination in 2020, stating that both he and his condition were viewed as "too much of a burden."

Gee applied for similar temporary positions at JF Renshaw in 2021 and again in 2023. He was rejected on both occasions, which the tribunal ruled was also discriminatory. The judge found that the company's refusal to rehire him was based on his disabilities and the 2020 incident, which arose as a consequence of those conditions.

The tribunal awarded Gee £9,710 for injury to feelings. The judge noted that Gee had experienced self-harming behaviors, such as biting, burning, or stabbing his hand, as coping mechanisms for stress and anxiety following his rejection in 2023. The report also highlighted that Gee has a "compulsion to work," and being denied employment opportunities has had a "lasting impact" on his attitude towards working. As a result, he now chooses to work alone, feeling unable to be part of a team due to fears of being judged and misunderstood by colleagues, a feeling the tribunal found was contributed to by JF Renshaw's actions.

The judge stated that Gee's conditions have made it difficult for him to lead an independent life, and he continues to live with his mother. The tribunal report indicated that difficulty in maintaining employment is a significant adverse impact of Gee's conditions. His ADHD and OCD contribute to a rigid adherence to rules, and deviations by others or instructions to ignore them can lead to extreme frustration and angry outbursts, resulting in the termination of many of his previous jobs. The report noted that most of his 56 past jobs ended for this reason.