Sean Donnelly, a senior boatswain at ferry company DFDS, has been awarded £47,089 after an employment tribunal ruled that he was unfairly dismissed and that the company failed to make reasonable adjustments, a form of disability discrimination. The tribunal, held in Ashford, Kent, found that DFDS ignored multiple requests from Mr Donnelly to transfer to a shore-based role, despite his arthritis being aggravated by the ship's vibrations.
Background and Health Issues
Mr Donnelly began working at DFDS's Guernsey branch in October 2007, rising to the position of Assistant Bosun. His duties included overseeing deck loading, mooring stations, and anchoring operations, with a schedule of two weeks on and two weeks off, living on board while at sea. In September 2022, he was diagnosed with osteoarthritis of the spine and notified the company the next day. After a period of sick leave, he returned to the ship in January 2023, having passed a medical examination. However, his phased return lasted only eight days before he had to leave due to severe pain.
A Chief Officer informed Matt Scott, the Crewing Manager, that Mr Donnelly was 'obviously in a lot of pain physically' and likely suffering mentally, adding that he was 'a long way off being capable of doing his job.' Mr Scott acknowledged that Mr Donnelly planned to work for another three years until retirement and expressed willingness to explore other roles, including potential computer-based shore-side work. However, he noted that staff transitioning from ship to operations had to pass a screening program.
Requests for Shore Work Ignored
In March 2023, Mr Donnelly discovered his sick pay had been exhausted without notification, leaving him to rely on benefits and describing treatment for his arthritis as 'financially crippling.' After consulting a specialist, he was advised to seek land-based employment because the ship's vibrations worsened his condition. He enquired about such roles but was told it was 'too difficult' because the sister company DFDS A/S handled land-based employees. In a meeting with Lisa Abbott, Head of Marine HR, he expressed his intention to seek shore deployment if available, but was informed that no vacancies existed because seasonal staff had filled them.
In March 2024, Mr Donnelly submitted a list of reasonable adjustments, offering either to return to sea with accommodations or to be assigned a land role without heavy lifting. He warned that if the company did not agree, it would effectively terminate his employment. DFDS responded that it was trying to get him back to sea but did not accept his proposed adjustments.
Tribunal Ruling and Impact
Employment Judge Anna Corrigan ruled that DFDS had unfairly constructively dismissed Mr Donnelly. She stated: 'We agree with [him] that he resigned in part because of [DFDS'] failure to make the reasonable adjustments. We also consider that it was [DFDS'] failure to respond and/or ignoring his multiple requests to consider shore-side work.' Judge Corrigan added that it was reasonable for DFDS to take steps from February 2023 to facilitate a temporary secondment or redeployment into an Operations Coordinator role on shore, including supporting him through the screening program when he was fit enough. She rejected DFDS's argument that the two companies were too separate for them to influence a transfer.
The £47,089 payout compensates Mr Donnelly for lost earnings and injury to feelings. The ruling underscores the legal obligation of employers to consider reasonable adjustments for disabled workers, even across corporate structures. DFDS has not yet commented on whether it will appeal.
