BMW worker unfairly dismissed after secret surveillance over back pain

A disabled BMW worker was unfairly dismissed and discriminated against after senior managers authorised covert surveillance, suspecting he exaggerated his back pain, an employment tribunal in Reading has found.

Mohamed Kerita, employed at the carmaker’s manufacturing site, had suffered with back pain since 2017.

In early 2023, after being signed off for two months by his GP, BMW’s absence and HR managers instructed security firm G4S to carry out surveillance, an act the tribunal described as a “highly unusual step.”

The operative filmed Kerita walking three miles in 90 minutes. However, the tribunal noted the footage did not show his face and that Kerita had never claimed he couldn’t walk.

BMW managers later sought more funding for additional surveillance to secure what they called a “robust outcome.”

Kerita was dismissed in May 2023 for gross misconduct, including allegedly fraudulently claiming sick pay. During disciplinary proceedings, he had asked for light duties due to his condition, but was told none were available.

The tribunal ruled that Kerita’s condition qualified as a disability under the Equality Act 2010. Employment Judge Hawksworth criticised BMW for making assumptions about his symptoms and found a “level of distrust” towards workers with back conditions.

Kerita’s claims of unfair dismissal, disability discrimination, and failure to make reasonable adjustments were upheld. Hear all the latest news from across the UK on the hour, every hour, on Greatest Hits Radio on DAB, smartspeaker, at greatesthitsradio.co.uk, and on the Rayo app.