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Lawyer takes firm to tribunal after redundancy during sick leave

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A former partner at PricewaterhouseCoopers has taken the firm to an employment tribunal over claims of disability discrimination after he was made redundant while on sick leave caused by workplace stress.
 

Colin Tenner was a former equity partner, who specialised in public sector consultancy for the Belfast branch of the company. He attested to the tribunal hearing, which began yesterday, that the redundancy was a “sham” and a cover up to force his departure because he had taken an extended absence as a result of stress-related mental illness.
 
Tenner also claimed that the management consultancy had failed to make the reasonable adjustments required under the Disability Discrimination Act in order to facilitate his return to work.
 
He was likewise unable to consider the offer of an alternative job in London because he had become the primary carer for his mother in Northern Ireland, who had suffered a serious stroke. Tenner attested that doctors had also said such a move would have been “catastrophic” for his mental health.
 
Tenner initially went off sick in September 2007 and was subsequently diagnosed as suffering from stress, chronic fatigue syndrome, acute anxiety and severe depression. He was served 12 months’ notice of redundancy by PwC in February 2009 and is requesting compensation for 15 years of lost future earnings as he left the organisation at the age of 46 but expected to work until he was 60.
 
Rebecca Davidson, a senior associate at Fox Williams, the law firm representing Tenner, said: “We will argue that PwC failed in its responsibility to look after one of its partners properly in accordance with the disability laws and failed to address properly his mental health problems.”
 
The case would also develop the law of associative disability, which relates to discrimination at work, not on the grounds of an employee’s own disability, but rather that of a relative from whom they are caring, she added.
 
PwC denied that Tenner was required to leave the partnership for any reason other than that of redundancy. It also refuted the allegation that it had failed to make reasonable adjustments for his return or that it had breached Disability Discrimination laws.

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