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Suggestion by employer of “charting a different path” to employee with Crohn’s disease found to be discriminatory unfavourable treatment due to disability

Ozgul Coban v Manes Partners Limited and Alper Ozceylan ET/3301233/2022
Solicitors for the Claimant: ELS Solicitors Limited

In this case it was found by an Employment Tribunal that the Claimant had Crohn’s disease
which was agreed to be a disability within the meaning of the Equality Act 2010. Within a
series of text messages following a period of sickness relating to the Crohn’s disease, Mr
Ozceylan said:

“I put a lot of effort into this work, my friends are also making a lot of effort. If we’re going to
continue to be “on-and-off” Boyle, maybe let’s talk about charting a different path.”

Amongst other things, the Employment Tribunal found that this comment of “charting a
different path” constituted “unfavourable treatment due to [disability] discrimination” and
unfavourable treatment arising from the Claimant’s disability.

Read the full judgment here