A RUGELEY draughtsman who complained he lost his job while recovering at home from an operation on his heart, has lost a compensation claim for disability discrimination against his former employers.
But David Darby of Beechmere Rise, Rugeley, was told at Birmingham Employment Tribunal preliminary hearing that he can go ahead with a compensation claim against the Halesowen windows firm of Securiclear Aluminium Systems Ltd for unfair dismissal.
Mr Darby complained he had been put on medication for the rest of his life fol- lowing the heart operation which had led to stress, a shortage of breath and tiredness.
He said he also suffered from panic attacks and nose bleeds, had trouble sleeping, could only walk a short distance, could not stand for long periods and had to take rest periods.
Mr Darby said he had to give up kick boxing and could no longer do the things he previously did.
“I used to be active but following the heart attack and operation my life has changed,” he said.
He also said he became anxious when leaving his house and that one of the few pleasures left was being taken to watch West Bromwich Albion where he is a season ticket holder.
Mr Darby accused the firm of not making adjustments, in view of his ailments, to help him carry out his work.
Satnam Baley, representing Mr Darby, said his client suffered from mental and physical disability.
Mr Darby was told by tribunal judge Ann Coaster, however, that she had first to decide if Mr Darby was disabled before announcing if he could go ahead with his compensation claim for disability discrimination.
The Securiclear firm challenged the seriousness of Mr Darby’s ailments.
Mrs Coaster described Mr Darby as a credible and honest witness but said there had not been enough medical evidence.
“The tribunal decision is that the compensation claim for disability discrimination is dismissed but Mr Darby’s claim for unfair dismissal can go ahead at a later date,” she said.
Mr Baley said later that Mr Darby had been dismissed while at home recovering from the heart operation.
“The firm is alleging that Mr Darby was involved in a redundancy situation which we shall dispute at the next hearing,” said Mr Baley.