Executive with cancer wins £2.5m unfair dismissal payout after medication he was on changed his mood

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.

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 receiving a substantial pay rise for a recent promotion, the panel was told, and was feeling ‘victimised, treated unfairly and undervalued’ by his boss, Mr Barrie.

In a written statement to the tribunal, Mr Barrow said his head was ‘like a pressure cooker with all my emotions’ and explained he had decided to send an email to Mr Barrie to explain how he felt.  

‘He said he knew it was unwise to send any kind of “difficult” email in haste, but he was in such an agitated state of mind that he was unable to exercise his usual professional logic or self control,’ the tribunal heard. 

‘He resolved to send the email by the end of the day and he worked late into the night to finish it.’

Among a series of issues he raised in the three-page message, Mr Barrow complained to Mr Barrie that he felt he was being underpaid, that his contributions weren’t being recognised and that he had been denied a ‘meaningful’ promotion.

In response to his email, Mr Barrow was advised by a senior manager to seek medical help.

He replied: ‘I have been aware the pills have had an effect on my general disposition including increased energy levels and higher emotional response.’

He added he was aware he may exhibit ‘unusual behaviour’.

The tribunal heard Mr Barrow was examined by the company doctor who advised he could return to work once he had stopped taking the steroids.

At the start of December, however, he left unhappy after a meeting with Mr Barrie and emailed him afterwards to express his disappointment that he had unable to discuss his aims and objectives for the coming year.

Four days later he was invited to a meeting with the HR director Tim Rosbrook, who told him: ‘These discussions are always difficult but I’m afraid KBR can no longer employ you.

‘I will escort you to your office to maintain your dignity and you can have 20 minutes to clear up and collect your personal things.’

Mr Barrow then left work for the last time and in March started chemotherapy, the hearing was told.

The tribunal heard that after he left the company launched an investigation which concluded in April the next year that the firm had lost confidence in him and as a result dismissed him.

However, the tribunal – chaired by Employment Judge Tony Hyams-Parish – ruled that the justification for his sacking was a ‘ruse’ and he had been unfairly dismissed.

‘Mr Barrie had decided he wanted (Mr Barrow) to go, and the only way this could be done quickly was to dress it up as a breakdown in trust and confidence,’ the judgement said.

‘No reasonable employer would have acted in the way (KBR) did in dismissing an employee who had spent 36 years working for the company.’

The tribunal also upheld Mr Barrow’s claim of disability harassment in relation to the emails he had sent.

‘(They) were written when (he) was still affected by the prednisolone he was prescribed. The tribunal accepts that…he would not have written either email in such terms had he not been taking prednisolone.

‘It was clear to the tribunal that both these emails were influential in Mr Barrie’s decision making.’

The firm was also found to have create an ‘intimidating, hostile, degrading, humiliating or offensive environment’ for Mr Barrow when it described his inability to attend meetings related to the dismissal process because he was undergoing cancer treatment as ‘unacceptable’.

He was awarded £2,567,831.96 compensation in total.

In a statement to the Daily Mirror, KBR said: ‘KBR respects the court’s decision and is committed to conducting its business honestly and with integrity.

‘We remain focused on always evolving our processes – creating a workplace where our employees feel valued and respected, and affirming that we do not tolerate any form of discrimination.’