Diabetic pest controller with low sugar fired for stealing chocolate
A diabetic pest controller who was fired after stealing and consuming a chocolate bar to try to stave off a hypoglycaemic assault has misplaced a incapacity discrimination declare.
Jason Galloway had been working at a restaurant when he took the confectionery from a fridge as he sensed his blood sugar ranges have been working low whereas on the job.
The Rentokil worker, who has sort 1 diabetes, was caught on CCTV raiding the shop room and reported to the agency by bosses on the restaurant, which suspended him.
Despite returning to the venue with two chocolate bars to exchange the one he took Rentokil bosses claimed ‘theft is theft’ and sacked him for gross misconduct.
Mr Galloway tried to sue the pest management firm for incapacity discrimination, claiming his sacking was ‘unnecessarily harsh’ and ‘that he resented being labelled a thief for struggling a Hypoglycemic Medical Episode’.
However, he misplaced his case, with the tribunal in Hull, East Yorkshire, ruling he did nothing to reassure Rentokil that he would not do the identical factor once more.
Rentokil sacked Jason Galloway after it was handed CCTV of him stealing and consuming a chocolate bar from a restaurant fridge in a bid to stave off a hypoglycaemic assault. Pictured: A Rentokil van
An employment tribunal in Hull rejected Mr Galloway’s declare that he was topic to incapacity discrimination. Pictured: Hull Combined Court
The tribunal heard Mr Galloway had managed his sort 1 diabetes for round 30 years and had an implant which related to his telephone, permitting him to measure his blood glucose ranges.
He was required to inject insulin and when ranges dropped too low he suffered a Hypoglycemic Medical Episode, often known as ‘hypos’.
A tribunal report mentioned: ‘On April 3, 2023, at round 5pm Mr Galloway had been at a buyer premises and had taken and eaten a chocolate bar from a fridge in a retailer room.
‘The bar belonged to a member of workers – the outlet didn’t promote chocolate bars.
‘Mr Galloway then purchased a meal of noodles from the outlet.
‘He had referred to as line administration to say he wouldn’t end his calls that day, however he didn’t point out the chocolate bar.
‘However he did realise he had performed one thing that wanted to be put proper, that evening.
‘The outlet administration had reviewed CCTV and concluded he had stolen the bar and reported it to Rentokil as such.
‘After [Mr Galloway was suspended], he visited the shopper premises, taking with him two chocolate bars to exchange that which he had taken, telling the shopper’s supervisor of his diabetes.
‘The buyer then notified Rentokil and supplied apologies, successfully withdrawing the criticism.’
During a gathering in regards to the incident, Mr Galloway ‘shouted’ and claimed he was being ‘persecuted’.
A Rentokil supervisor instructed Mr Galloway that ‘theft is theft’ and that the corporate ‘couldn’t justify theft’.
Mr Galloway had already been given two warnings for separate issues, it was heard.
In his defence, Mr Galloway claimed he had a ‘legitimate purpose’ to steal, including: ‘I didn’t select to have a hypo, it was OK as a result of it was justified.’
He claimed ‘the corporate wished him out due to his diabetes and that there had been a witch hunt’, it was heard.
He additionally mentioned he would get an insulin pump, that he ‘resented’ being referred to as a thief, and mentioned ‘the lack of his job was unfair, unnecessarily harsh and that he was devastated’.
He was sacked in April 2023, having labored at Rentokil since April 2022. Rentokil instructed him he didn’t rectify the problem and that his actions ‘introduced the corporate into disrepute’.
Employment Judge Jennifer Wade dismissed his incapacity discrimination declare.
She mentioned: ‘The nature of Rentokil’s enterprise, having confidence that its workers would do the proper issues and act appropriately when lone working, was important, as was defending its status in a aggressive market.
‘The much more vital concern of Rentokil… was the long run – would Mr Galloway act appropriately as a lone employee sooner or later, ought to an analogous state of affairs come up.
‘In this he gave no assurances in any respect, save to recommend that the brand new insulin pump would deal with issues.
‘He definitely didn’t settle for that he should have performed something in another way, nor did he give any reassurance that he would accomplish that if the state of affairs arose once more.
‘In brief he couldn’t see why Rentokil thought-about the matter critical in any respect and he thought-about his diabetes a whole exoneration from criticism.’
Mr Galloway represented himself on the day-long tribunal whereas Rentokil Initial UK Limited was represented by a barrister.
MailOnline has contacted Rentokil for remark.
