Workplace Report December 2003

Features: News - Equality

Worker with diabetes wins discrimination case

Track maintenance company Network Rail is reviewing its employment policies after a disability discrimination case involving a worker in Wales.

General operative Mark Harkin was employed by an agency called Tracksafe UK who were contracted to undertake work on Network Rail's behalf.

Harkin, who has insulin-dependent diabetes, had worked on the tracks for a 12-month period without incident. But after 12 months Network Rail subjected Harkin to a blanket ban on working and failed to renew his contract.

In reaching an out-of-court settlement, Network Rail has expressed regret that Harkin was subject to a blanket ban and for the withdrawal of his work pass, and has awarded him £10,000 in compensation.

Head of communications at the Disability Rights Commission Wales, Alun Thomas, said that Network Rail would be reviewing its policy and introducing individualised risk assessments to replace blanket bans.

He said: "People with insulin-dependent diabetes are often adept at managing their condition and can work in environments that can be considered dangerous, for example as firefighters and railway track workers."

He added: "We hope that this case will send out messages to other employers across Great Britain not to stereotype workers with diabetes."

Harkin said he was very pleased with the outcome, "both for myself and for other workers facing similar situations."