Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Disabled store manager wins over R690,000 in legal battle after refusing to work unpaid overtime – Legal Perspective
A supermarket manager with a long-term disability has successfully taken legal action after a tribunal found he had been treated unfairly when asked to work extensive unpaid overtime.
Ricky Taylor, who lives with Ankylosing Spondylitis (AS) — a chronic and progressive form of spinal arthritis — challenged his employer, Sainsbury’s, after he failed his probation period.
AS causes significant pain, stiffness and fatigue, and the company had been aware of his diagnosis since 2020, the Daily Mail reported.
In a recent report, the UK publication said that Taylor was promoted to night shift manager in August 2022, and he was subsequently informed that managers were expected to stay on for roughly two additional hours after each shift to complete handovers with the daytime team. This arrangement added up to about 10 extra hours per week beyond his contracted time.
It was said that Taylor raised concerns with human resources, explaining that the extra hours were aggravating his symptoms. He proposed working four-night shifts per week instead, allowing him to remain active while on duty but giving him additional recovery time between shifts. His request was turned down, and he was still expected to remain beyond his scheduled hours.
The tribunal, held in Watford, England, heard that the supermarket believed Taylor objected to the additional hours because they were unpaid and because finishing later would lengthen his commute.
His conduct was later raised as an issue because he was not working enough additional hours as a manager.
In November 2022, just 12 weeks into the role, he was called to a probation review meeting and told he had not passed.
The online publication reported that he was also hauled into a disciplinary meeting and given a warning over absences related to his disability — a move the tribunal criticised.
Feeling aggrieved by the situation, Taylor resigned in July 2023, saying the company’s handling of his grievance had failed to address his concerns “fairly” or within a “reasonable time”.
The publication said the tribunal noted that when the store forced Taylor to work overtime in light of his medical evidence, the actions amounted to a breach of contract.
It was further reported that the judge ruled that requiring him to work overtime in light of his medical evidence amounted to a breach of contract.
The judge added it would have been possible to accommodate Taylor and his medical condition. The store would have made reasonable adjustments which included altering his shift from 9.30pm until 7.30am, permitting him to leave on time even if some tasks remained unfinished.
Taylor won more than £32,320 (over R690,000) in compensation.
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