A former Boots employee who accused the pharmacy chain of disability discrimination after being dismissed for stealing drugs has had his claim thrown out by an employment tribunal.
According to the decision document published this week (October 8), the hearing was ordered by a judge to decide “whether to extend time limits” in the case of Mr S Moradi Mohades, who had failed to bring his claim to the tribunal within the requisite three-month period.
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It said that Mohades had complained that “the fact and manner of his dismissal including the disciplinary process” constituted “disability discrimination” by Boots.
But in the judgement issued on September 24, Watford Employment tribunal found that the claims of discrimination put forward by Mohades “were presented out of time” and that “it is not just and equitable to extend time”.
Stolen ADHD meds
The tribunal heard that in March 2023, Mohades - who was employed by Boots as a trainee store advisor at the time - took controlled drugs from the pharmacy where he worked, “ingested some and placed the remainder in his pocket” with the intention to “take them from the workplace”.
He was searched after the disappearance of the drugs was noticed and they “were found in his possession”, according to the document.
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Mohades said that the drugs were “those he required for his attention deficit hyperactivity disorder (ADHD)” that he “was not getting due to shortages” and that the lack of medication had “affected his executive functioning”, the tribunal said.
It added that he was “summarily dismissed for gross misconduct” following a disciplinary hearing and that he “accepted a police caution for theft”.
“GDPR breach”
During Mohades’ employment tribunal hearing, it “became clear” that his complaint had extended beyond “an allegation that the dismissal was an act of disability discrimination”, according to the document.
It said that a communication from Boots to University College London and the General Pharmaceutical Council (GPhC) - stating that it had “dismissed the claimant” - had been characterised as a “GDPR breach” by Mohades.
The tribunal added that he referenced “breach of confidentiality and disclosure of sensitive information” in his claim form.
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However, the tribunal also heard that several emails sent by Mohades following his dismissal from Boots indicated that he had sought legal advice and that he had engaged with the Advisory, Conciliation and Arbitration Service (Acas) before his appeal hearing.
“Thus, from a very early stage in these proceedings, it is clear to me that the claimant had access to legal advice and that he was aware of the need to notify Acas before bringing a claim in the employment tribunal,” it added.
“Unconvincing”
According to the decision document, Mohades said that “he was not aware” of the three-month time limit to present his claim to the tribunal “due to mental health difficulties” - but the tribunal found this claim to be “unreasonable given his access to legal advice”.
It added that his health issues “did not prevent him from engaging to the extent that is clear in the emails and he would have been able to engage with his legal advisors”.
The tribunal said that Mohades had delayed issuing his claim “another nine months” from the date at which he is assumed to have had “requisite knowledge of alleged disability discrimination”.
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His reasons for the delay were “unconvincing” and “the appeal against his dismissal was long gone”, it added.
The tribunal concluded that it “would not be just and equitable” to extend time for Mohades to bring forward his claim.
