Monday 26 September 2022 02:23 PM Executive with cancer wins £2.5m unfair dismissal payout after medication he ... trends now
A senior executive sacked after his behaviour at work was affected by steroids he was taking for an illness that turned out to be cancer has won a £2.5 million payout.
While suffering from the side effects of medication he had been prescribed for a skin condition, David Barrow sent his boss a ‘difficult’ email complaining about how he was being treated by the company.
Two days later he sent another message blaming the powerful drug for his outburst.
He later said that at the time the steroid had left him feeling ‘his head was like a pressure cooker with all my emotions overflowing’.
But bosses at US construction and engineering giant Kellogg Brown Root (KBR) decided they wanted to get rid of him and the following month gave him 20 minutes to clear his desk at their Leatherhead branch, Surrey, after more than 35 years with the firm.
Dad-of-two Mr Barrow - who after his dismissal was diagnosed with cancer - successfully sued the firm for disability harassment and unfair dismissal.
And in a newly-published judgement an employment tribunal awarded him more than £2.5 million in compensation - one of the largest discrimination awards ever.
David Barrow, pictured, was given him 20 minutes to clear his desk at the Kellogg Brown Root branch in Leatherhead, Surrey, after more than 35 years with the firm
The hearing in south London was told Mr Barrow first started working for KBR in 1980 and at the time of his dismissal held the title of project director.
He was a member of the senior management team based in the UK and was described by the panel as ‘hugely ambitious and driven’ and ‘challenging’.
In September 2017, the tribunal heard he went to see his GP about an ‘increasingly worrying’ skin redness and itchiness and was prescribed anti-fungal cream, anti-inflammatory cream and antihistamine tablets.
Three days later he had a meeting with boss Andrew Barrie who was concerned he had voiced negative opinions about the business with other members of his team.
The following month Mr Barrow attended an appointment with a skin specialist, in which his condition was attributed, at first, to an acute case of hives caused by a virus.
'Unfortunately, although the lymphocytes could also be an indicator of cancer, the potential for early diagnosis was masked by the viral infection,' the tribunal heard, with Mr Barrow being prescribed strong anti-inflammatory pills and steroid skin cream.
Next month, with his condition ‘deteriorating rapidly’ and suffering from ‘rampant’ eczema, Mr Barrow was given a two-week course of the strong oral steroid, Prednisolone.
'By Monday 6 November 2017, the Prednisolone had built up in the Claimant’s system and started to affect his behaviour,' the tribunal found.
'He was hyperactive and energetic, and had difficulty sitting quietly to concentrate on things when needed.
'His secretary became quite concerned for his welfare and said many times during the week that he should calm down and take things easier.'
By the weekend, the tribunal found Mr Barrow’s emotions and state of mind were ‘highly influenced’ by the prednisolone which, after over 10 days of treatment, was at ‘maximum effect’.
He had been upset after not
