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Judge: Rowlands ‘failed to make adjustments’ for manager with multiple sclerosis
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An employment tribunal has found that Rowlands Pharmacy failed to make reasonable adjustments for a pharmacy manager with multiple sclerosis.
In a hearing that took place at a tribunal court in Manchester on dates in October 2023, May 2024 and January 2025, it was established that Chetan Masharani, who first joined the company in November 1995 and was made redundant on an unspecified date, had been placed at a disadvantage compared to others who do not share his disability.
Mr Masharani suffers from “increased mobility issues, fatigue, urinary frequency and muscle spasms” according to the tribunal report which was published last week.
The tribunal considered a number of issues relating to the alleged failure to make reasonable adjustments for Mr Masharani, including the possible impact of reducing staffing hours at his branch to 68 hours per week – a decision that was made “by reference to a computer algorithm”.
Other questions that were considered included:
- Whether Rowlands Pharmacy had duties arising from the reduced staffing hours, “a physical feature” of the pharmacy premises or the company’s “failure to provide an auxiliary aid”
- Whether the company knew that Mr Masharani was likely to be placed at a disadvantage
- Whether increasing staff hours at the branch to 80 hours per week would have been “a reasonable adjustment in the circumstances”.
The report does not list employment judge Helen Cookson’s specific findings with regard to each of these questions but does state that the overall allegation of failure to make reasonable adjustments was well-founded.
Nine other allegations were dismissed, including ones relating to direct age discrimination and indirect disability discrimination.
The report does not state whether Mr Masharani will receive a financial payout after succeeding in one of the grounds he had brought against the pharmacy multiple.
A spokesperson for Rowlands commented: “We do not comment on individual employment matters.
“However, we are committed to treating all colleagues fairly and in accordance with our policies and legal obligations.”
Last week, P3pharmacy reported that Day Lewis Pharmacy had been ordered to pay £18,746 to a former pharmacy assistant with diabetes and other health conditions after a tribunal found that in failing to adhere to its probationary policy the company had discriminated against her.