Analyst Ope Ajanaku was sacked from Cambridge finance company Monsas. He was accused of 'shirking work' for taking time off after a near-fatal attackAn analyst with a peanut allergy who was sacked from a finance company after taking five days off to recover from a nearly fatal allergic reaction has won a disability discrimination case.
The London Central tribunal heard that the analyst refused and he was subject to a disciplinary hearing and then fired without an investigation - leading him to sue for disability discrimination.Mr Ajanaku is in line to receive compensation at a later date after successfully suing his former employer.On April 23, 2022, he nearly died after going into anaphylactic shock at his older brother's wedding in London, where he was best man.
Mr Ajanaku was admitted to the resuscitation ward when he arrived at the hospital and given a second dose of epinephrine, along with cortisone. The tribunal heard that Mr Ajanaku was under the impression, consistent with advice given by ACAS, that if someone is off sick for seven calendar days or less they did not need to provide a fit note or medical evidence. He had been off for five working days.
Unaccompanied Mr Ajanaku then had to attend a disciplinary hearing at short notice with senior executives at the company, in breach of the company's own rules.Managing Director Andrew Herriot, who made the decision to sack him, said Mr Ajanaku's absence would have been fine if it wasn't for him being 'unreliable and shirking work'.
Employment Judge Tina Elliott said that while it wasn't unreasonable for Monsas to ask for a medical certificate, Mr Ajanaku suffered 'unfavourable treatment' because he wasn't told the company had a right to ask for it and because he was called to the meeting at short notice.
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