£40,000 awarded to Scots mechanic forced to work on bikes sitting in a child's seat

Daily Mail​

a day ago

A Scots mechanic with a bad back has won £40,000 in a disability discrimination case after he was forced to sit on a children's chair at work.
Adam Gajdosy was not given a ramp and worktable he had been promised by bosses to help with his chronic pain, an employment tribunal heard.
He had to use a 'wholly unsuitable' IKEA kitchen cabinet as a worktop and ended up having to borrow a children's chair from his sister to sit in.
The mechanic, who worked at an e-bike rental company, also raised concerns about the 'intolerably cold' working conditions and the safety of the company van.
These complaints eventually led to his dismissal by WhatsApp, the tribunal heard.
In a WhatsApp message, the CEO of Big Issue Sharebikes claimed it was because he did not 'fit the environment' and others found him difficult to work with.
A tribunal found these allegations 'wholly without foundation' and the mechanic had been unfairly dismissed and discriminated against on grounds of disability. He has now won £40,645 in compensation.
At the time Big Issue Sharebikes ran an e-bike rental scheme in Aberdeen and technician Mr Gajdosy was employed to fix bikes that were broken or vandalised.
The hearing was told Mr Gajdosy began his job in their workshop as an e-bike technician in November 2022.
He was looking for a career change because his previous job as a delivery driver had become untenable due to his degenerative disc disease and chronic back pain.
During his interview Mr Gajdosy told Norwegian CEO Jan Tore Endresen and a manager about his disability and they assured him adjustments would be made.
The mechanic was also offered a part-time contract with the opportunity to increase his hours if he was feeling well.
In an email from Mr Endresen, seen by the tribunal, Mr Gajdosy was promised a ramp for lifting the bikes onto a worktable which would also be provided.
However, these never materialised despite the technician 'frequently' asking for them during team meetings to avoid straining his back.
At one point he was told there were no funds available to buy the equipment and was advised to use the 'wholly unsuitable' IKEA kitchen cabinet.
After months of asking for the adjustments he borrowed a children's chair from his sister so he could sit down whilst he worked.
The tribunal heard that the 'failure to provide the required equipment' impacted Mr Gajdosy's ability to do his job with difficulties lifting, bending, twisting, exerting force, and prolonged periods of sitting or standing.
This meant he had to take regular breaks and had increased fatigue at the end of each day, as well as an 'adverse effect' on his mental health.
The tribunal found that Big Issue Sharebikes had 'unlawfully discriminated' against Mr Gajdosy by not providing the equipment they recognised he needed.
The technician also regularly raised concerns about his working conditions which were 'intolerably cold', the safety of the company's Ford Transit van and if it was being driven legally.
He told Mr Endresen and two managers that the temperature in the workshop was affecting his health.
These complaints were considered by the tribunal to be 'protected disclosures', statements by an employee which highlight legal or regulatory concerns which the worker should not be penalised for highlighting.
Mr Gajdosy raised his concerns in an email to Mr Endresen and one of the managers in February 2023 but did not receive a response until after he was dismissed.
The next month Mr Endresen messaged the technician on WhatsApp to inform him he was being sacked because he did not 'fit their environment'.
The CEO continued by claiming that the company required 'fast repairs, high team support, and good communication' and that the lead mechanics found it 'very hard to work with' Mr Gajdosy.
There was no warning or formal procedure.
The tribunal found these allegations were 'wholly without foundation' and Mr Gajdosy had been unfairly dismissed for raising concerns.
One co-worker told the hearing the mechanic was dismissed for 'standing up for himself'.
Employment Judge Nicol Hosie said: 'None of these matters [in the WhatsApp] had been raised with Mr Gajdosy before.
'In the tribunal's unanimous view, these allegations were wholly without foundation.
'The real reason why Mr Gajdosy was dismissed was because he had made protected disclosures.'
Mr Gajdosy won his case for unfair dismissal and failure to make reasonable adjustments, a form of disability discrimination.
He was awarded £40,645 in compensation, holiday pay and unpaid wages.
Big Issue Sharebike have gone into liquidation and were not represented at the hearing.