Man who sought reduced working hours after strokes settles discrimination case

Jonathan McCambridge, PA

A man who asked for reduced working hours after having two strokes has settled a disability and age discrimination case against his former employer for £100,000.

Property developer Fraser Partners Ltd settled the case with Clifford Donaldson, who was supported by the Equality Commission for Northern Ireland, without admission of liability.

Mr Donaldson was employed by the firm as a site manager for more than seven years.

In January 2023, he had two strokes that impacted on his speech and movement.

After a short period of sick leave, he returned to work on a phased basis.

Mr Donaldson said he asked for a reduction in his working hours to 30 hours a week, with a reduced salary.

In the summer of 2023, the company recruited a new site manager who was younger. Mr Donaldson was told that his own employment would end in September 2023.

He alleged that he was told the new site manager would now manage the housing construction over three sites.

Mr Donaldson said he was later offered a potential consultancy role to commence after his employment ended, but he says it came with no guarantee of hours or duration.

He did not take up this offer and his employment with the company finished in September 2023.

Mr Donaldson said: “This has been a very difficult experience for me and my family.

“I was shocked to learn I was being replaced, and that my employment was ending.

“I wanted to continue working. It was an awful way to be treated after years of dedication to the business.

“I believe assumptions were made about my ability following my strokes. I needed some understanding.

“Instead, I felt abandoned, like I was only fit for the scrap heap because of my strokes and my age.

“I’m relieved the case is settled and I can move forward.”

Geraldine McGahey, chief commissioner of the Equality Commission, said: “Employers must be aware that employees like Cliff who acquire a disability have protections under the Disability Discrimination Act.

“They simply cannot make assumptions about their employees’ workplace capabilities.

“Instead, they must communicate clearly with employees to fully understand their needs.

“The law requires that reasonable adjustments must be considered and implemented where appropriate. It is vital that all staff, especially line managers, are fully informed of these obligations.”

She added: “The Equality Commission provides expert advice and practical guidance to help employers develop effective policies and procedures.

“Making use of this support will help ensure compliance with Northern Ireland’s equality laws and create a more inclusive workplace”.

In settling the case, Fraser Partners Ltd affirmed its strong commitment to the principle of equality of opportunity in employment.

The company also undertook to liaise with the Equality Commission for Northern Ireland to review its policies and procedures.