Concierge who was sacked after missing a misconduct hearing as he didn’t know how to work Microsoft Teams wins disability claim
- Daniel Hayes missed a misconduct hearing which took place on Microsoft Teams
- Hayes is disabled and could not access the software which was being used
- He won a claim against his former employer, managing agent Rendall & Rittner
A concierge sacked after missing a disciplinary hearing because he did not know how to access the online meeting has won a disability claim.
Daniel Hayes faced a misconduct hearing on video conferencing software Microsoft Teams – but he had not heard of the program.
After initially missing the hearing, it was rearranged via Teams, but the concierge for a luxury east London apartment building again missed it and was ‘annoyed’ it was not explained to him how to attend.
Rendall & Rittner, which claims it is ‘London’s leading independent managing agent’, held the hearing in his absence and he was sacked in April 2020.
After initially missing the hearing, it was rearranged via Teams, but the concierge for a luxury east London apartment building again missed it and was ‘annoyed’ it was not explained to him how to attend
Mr Hayes, employed by Rendall & Rittner from April 2019, worked at the Long and Waterson apartment building in Shoreditch.
In February 2020 contractors who Mr Hayes had ‘animosity’ with complained to the company about an incident.
He faced disciplinary proceedings for allegedly throwing a bag of faeces and urine at a van. But when investigated, he had claimed he only threw a ‘tissue’.
Mr Hayes, who suffers anxiety, was left in ‘extreme distress’ after twice not being able to access the misconduct hearings, an employment tribunal heard.
It ruled Rendall & Rittner failed to make a reasonable adjustment by not reorganising the hearing for a third time by phone.
The employment judge, sitting at the London East tribunal, said anxiety was a major factor in Mr Hayes not accessing Teams.
Mr Hayes won a claim of failure to make reasonable adjustments for a disabled employee.
Compensation will be determined at a later date.
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