A tribunal ruled that Mohamed Kerita, a disabled BMW employee, faced discrimination and wrongful dismissal after management conducted covert surveillance under the presumption he was exaggerating his back pain. In March 2023, a physiotherapist confirmed he was unfit for work, but managers involved instructed security to monitor him. Observations reported Mr. Kerita walking without clear signs of pain, which contradicted the claims made by the management. The tribunal deemed this surveillance a highly unusual and inappropriate action given the circumstances.
The tribunal found that Mohamed Kerita, a disabled BMW worker, was discriminated against and unfairly dismissed after managers authorized covert surveillance, believing he exaggerated his back pain.
The physiotherapist informed absence manager Richard Darvill that Mr. Kerita had been signed off work for two months, but could not explain his pain levels.
Employment Judge Hawksworth labeled the surveillance as a 'highly unusual step' after G4S operatives filmed Mr. Kerita walking three miles in about an hour and a half.
The surveillance report indicated no evidence of Mr. Kerita experiencing lower back, leg, or shoulder pain, despite the ongoing dispute regarding his ability to work.
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