Sandwell's incoming chief executive lost disability discrimination tribunal

Documents seen by the Local Democracy Reporting Service (LDRS) found Shokat Lal, the incoming new chief executive at Sandwell Council, was involved in a dismissed flexible working request by one of his council employees, identified as Mr Yassir Mahmood, during his time at Rotherham borough council.

Mr Mahmood was awarded £4,881.11 at the tribunal after arguing that Rotherham borough council, where he was employed, had caused injury to feeling.

Mr Mahmood suffers from “significant problems” in his left leg due to damage caused by a botched operation in Pakistan, where surgeons attempted to fix signs of club foot, the tribunal noted.

The award, the tribunal concluded, reflected the “significant degree of upset” suffered by Mr Mahmood, and also the tribunal’s finding as to the “actual act of discrimination which caused or contributed to it”.

The events of the tribunal took place in December 2019, with the hearing updating its final documents in November this year.

Mr Lal was employed as the assistant chief executive of Rotherham council between 2016 and 2020. He is currently responsible for corporate services at Barnsley council.

The tribunal noted Mr Lal, along with Ms Tracy Osman, were Mr Mahmood’s line managers.

According to events listed by the tribunal, Mr Mahmood had requested a work pattern of 9 day fortnights as a permanent arrangement, to care for his severely disabled son and his mother, whose health was deteriorating.

He also requested temporary working from home to help out his wife who was undergoing surgery.

Ms Osman had accepted a temporary arrangement of working patterns, and dismissed Mr Mahmood request to work from home.

When Mr Mahmood took Ms Osman and Mr Lal to an appeal over the decision, the tribunal concluded Mr Lal had told Mr Mahmood he needed to “manage his own life” and that it was “not [Rotherham council’s] responsibility” to manage his disability and support his family.

In an email to Mr Mahmood, Mr Lal stated: “Whilst I have sympathy for the long commute you undertake, you knew how far this was at the point of applying for and accepting the role.

“As you suggest your condition is deteriorating, that is something that you need to consider going forward.

“We also discussed your own responsibility for managing your disability and supporting your family, the obligation of the authority is with regards to the role you occupy and ability to conduct that role.”

Mr Mahmood told the tribunal he found Mr Lal’s comments made him feel “offended, humiliated and degraded” at a time when he was managing his own pain and looking after his disabled son who needed significant care.

During the tribunal, he said: “I wasn’t asking for help managing my condition – I was managing my life very well considering the circumstances”. He added he was the only “breadwinner” and responsible for financially supporting his family.

The tribunal noted both Mr Mahmood and Mr Lal had “known each other for around 13 years and both lived near to each other’s homes”, and concluded Mr

Lal’s written and spoken comments amounted to discrimination arising from disability.

Mr Lal, the incoming new chief executive of Sandwell council, was unanimously backed after a cross-party committee of councillors recommended that he be appointed to the role.

Last month, councillors across the political spectrum voted to recommend his appointment. At the time, the leader of Sandwell council, Kerrie Carmichael, claimed Mr Lal was an “outstanding choice” for the local authority.

She said: “I’m delighted that Shokat has now been approved as our new permanent chief executive.

“His experience together with his evident passion and commitment to transforming services for residents made him the outstanding choice to lead the council through the significant challenges ahead.”

Kim Bromley-Derry, the temporary chief executive of Sandwell council, and a government-appointed commissioner overseeing a major improvement plan into Sandwell council, added he and his team will be “fully supporting” Mr Lal when he starts his role.

It comes as a study, published by the Work Foundation think-tank at Lancaster University, this year found out of 406 disabled workers across the UK, over 80% agree remote working would either be essential or very important when looking for a new job.

The same survey found 66% of disabled workers would ideally want to work remotely 80 or 100% of the time.

Working from home – spearheaded in popularity by the coronavirus pandemic – has paradoxically opened up disabled employees able to take part in work, culture, or socialising from their own home.

The disability employment gap in the UK is vast – in 2020, the employment rate for disabled people was just 53.7%, compared with 82% for non-disabled people.

Steve Hall, a solicitor at Disability Law Service, a charity that provides free legal advice and representation for disabled people, said: “This case demonstrates the importance of treating disabled employees, and those caring for disabled family members, with compassion and respect.

“Local authorities should play a leading role in supporting disabled people and changing attitudes for the better. Employers that demonstrate fair treatment secure high-quality staff who are skilled, loyal and hardworking and improve employee morale and commitment.

“Any disabled person who thinks they are being treated unfairly at work should speak to their union or consult an advice organisation like Disability Law Service.”

Fazilet Hadi, head of policy at Disability Rights, said: “Disabled people have huge amounts to contribute to the workforce. Some of us require reasonable adjustments to undertake our jobs.

“It is a legal requirement under the Equality Act that employers implement such adjustments and do not put the emphasis back on disabled people to have to fight for their rights and equity.”

A spokesperson for Rotherham council said: “The council does not comment on individual cases.

“The council endorses flexible ways of working, making reasonable adjustments for employees where appropriate to do so and in accordance with policy and the Equality Act.”

A spokesperson for Sandwell Council said: “We are not going to comment on this issue as it relates to an employment matter at another council.”