Employee says he was let go after problems with diabetes led to questions about his drinking.

A payroll manager who claims he was dismissed after comments were made about his appearance has been allowed to expand his case at the Employment Tribunal in Glasgow.

M was acting for himself when he originally brought a claim of unfair dismissal and constructive dismissal against the small business where he worked for 16 years.

But six months after lodging the claim he took legal advice from Beltrami & Co, which led to extra claims being presented of direct discrimination and discrimination arising from the symptoms of his diabetes, which he was not aware he could make.

The new claims were opposed by the employers, as they had been brought well beyond the usual three-month timebar from the last act of discrimination.

But after hearing evidence and legal submissions, an Employment Judge has said these can go ahead because the original claim already made reference to diabetes and the conversations the employers had with the client about this. During these, it is claimed that he was asked if he had considered attending AA meetings, even though it was well-known that he was a diabetic and that this could affect how he looked.

The employer had also tried to get him to sign a legally-binding settlement agreement which made reference to disability, but he refused. 

Beltrami & Co also argued that there was no unfairness to the employer because the conversations involved the same witnesses who were already going to attend to the Tribunal to contest the dismissal claim anyway, and allowing the employer to escape the disability claims would result in greater injustice. A full hearing of all the evidence will now take place later this year.