Overview

• The tribunal determined that Kerita’s chronic back pain met the Equality Act 2010’s legal definition of disability
• Managers Richard Darvill and HR chief Akhil Patel instructed G4S in March 2023 to secretly monitor Kerita after a physiotherapist questioned his level of pain
• A G4S operative filmed Kerita walking nearly three miles in about 90 minutes and reported no visible signs of pain, a move described as a “highly unusual step”
• BMW dismissed Kerita for gross misconduct in May 2023, accusing him of fraudulent sick-pay claims and failing to accommodate his need for light duties
• The tribunal found the dismissal discriminatory and unfair, ordered remedies for Kerita and flagged broader concerns about employer practices on disability and privacy