Mrs Roach has been awarded an undisclosed sum after an employment tribunal found in her favour that she was unfairly dismissed and most significantly that she was discriminated against on the grounds of her disability by her employer Marks and Spencer. Mrs Roach, 55, took time off from her job at the Hereford branch of the business due to complications after gynaecological surgery in 2014, and was dismissed a year later. She said: “M&S was my life and I am devastated that a company with such a proud tradition of being good to its staff treated me so terribly. The dismissal came despite the store failing to properly look into the prognosis for Mrs Roach’s condition and Marks and Spencer dismissed her in January 2015 before obtaining another occupational health report into whether she would be able to return to work.
In a written judgement, the tribunal members said that dismissing a ‘long-serving, vulnerable employee without proper medical advice and consideration was understandably distressing and more than trivial’.