MS sufferer in claim for unfair dismissal

Mar 1 2008 by Paul Loraine, The Journal

A PRISON worker with multiple sclerosis claims his boss told him: “It would be easier for the department if there weren’t people like you.”

Sean Gorman, of Kenton, was dismissed from Castington Young Offenders Institution in Morpeth, Northumberland, in February last year after he was deemed unfit to carry out his duties by the prison doctor.

He is taking Her Majesty’s Prison Service to an employment tribunal and yesterday claimed his boss at the institute, forensic psychologist Rachel Morphew, made what he felt were inappropriate remarks regarding his condition.

The father-of-two joined the prison service in December 2005 after seeing his career as an actor, musician and magician cut short by mobility problems caused by his condition.

MS affects the nervous system and 34-year-old Mr Gorman suffers from limited dexterity in his hands and sometimes needs a walking stick. He was tearful as he told the tribunal: “Rachel said ‘what I want is someone, whether that’s you or someone else, who is going to be there and not be off sick.’

“I said that I couldn’t guarantee that.

“Rachel replied: ‘You know what I mean. It would be easier for the department if there weren’t people like you.’ “I took from Rachel’s comments that it would be easier for the department if there weren’t people with my condition. I was considerably shocked by Rachel’s term ‘people like you’, so much so that I remember little of what followed.”

Ms Morphew denies she made the comments.

Michael O’Hare, Castington’s head of regimes, carried out an internal investigation into the allegations made against Mrs Morphew, which he eventually rejected due to insufficient evidence.

Mr O’Hare told the tribunal: “Sean claimed that Mrs Morphew said she wanted the position of drugs worker held by someone she could rely on, who would not be off all the time.

“He claims she told him she wanted someone who could give regular, effective service to the psychology department.

“She denies saying that she wanted somebody reliable who was not on the sick.”

The tribunal, held on Newcastle’s quayside, heard that Mr Gorman had five periods of sick leave, amounting to 181, days during his time with the Prison Service as he fought relapses of MS.

He was upset that no one from the service asked him how the condition affected his day-to-day life. Rather, the assessment of his condition relied mostly on a report from an occupational health adviser.

But Philip Kramer, barrister for HM Prison Service, challenged him, saying: “At the time you got the job, you thought it was perfectly satisfactory that they should refer you to an occupational health adviser.

“Now that you are locked in this litigation, every step they have taken you are critical of.”

Following the decision on his health, Mr Gorman was offered an administrative position within the prison service but he refused it.

He is claiming unfair dismissal and disability discrimination damages against HM Prison Service. The tribunal continues.