Mother loses dead son’s fight against Amazon for sending him home without pay while he battled the cancer that killed him

  • Son was sent home with a mystery illness later diagnosed as cancer
  • His mother promised him she would take the international giant to court
  • After being sent home, David fell behind with his bills and payments
  • Judge rules in favour of online giant
  • Amazon say they did not act in a discriminatory way

By
Anna Edwards

06:27 EST, 1 August 2012

|

05:35 EST, 2 August 2012

A mother has lost a discrimination battle she was fighting against online giant Amazon as the final wish of her dying son.

Amazon worker David Peregrine, 36, launched a discrimination case against the shopping website when he was sent home from the Swansea warehouse without pay with a mystery illness.

But before Mr Peregrine could see his case come to court, his illness was diagnosed as cancer and he died in February.

His mother Ann Peregrine-Davies promised her dying son she would take up his battle but a judge found that they were not guilty of discrimination because they did not know about David’s disease.

Amazon worker David Peregrine, 36, (pictured) launched a discrimination case against Amazon but died from cancer before he saw his fight for justice reach court

Ann Peregrine-Davies (pictured) who is taking on retail giant Amazon at an employment tribunal, in Cardiff, on behalf of her son David

Mrs Peregrine-Davies lost the fight on David’s behalf (pictured left) as he wanted to take Amazon to court

Amazon denied discriminating against David and say they could not let him work while he was in so much pain.

Mrs Peregrine-Davies, 62, appeared alone before an employment tribunal yesterday to accuse Amazon of disability discrimination against her son at their distribution warehouse in Swansea, South Wales.

She rejected getting a solicitor to present the case herself to an employment judge and said: ‘When he knew it was cancer he asked me to pursue this tribunal process for him.

‘He knew it was too late to help him but he just hoped it might help others. This is what has been driving me.’

The mother-of-three said Amazon should not have kept her son away from work without pay while he was ill.

The hearing in Cardiff was told how keen windsurfer David first suffered from cancer in 1998.

The disease did not develop and he continued with his life having regular checkups with his GP.

David started working for Amazon through an agency in September 2008 before becoming a full time member of staff in July 2009.

When he was taken on by the company he filled in a questionnaire telling them about his medical problems.

This was passed onto Amazon’s occupational provider Manor House Health Care Limited.

But when David started complaining of back problems in November 2009 the company did not pass the relevant information onto his bosses.

Heavy lifting: The mother says David was forced to do strenuous work when he was unwell and then sent home without pay

Heavy lifting: The mother says David was forced to do strenuous work in the Amazon warehouse when he was unwell and then sent home without pay

Employment judge Roger Harper said:
‘Manor House should have put two and two together and noticed a link
between his history of cancer and the back pain he suffered.

‘But Amazon could not have been expected to make the link themselves.’

Mrs Peregrine-Davies said that when David was told to go home because his role was causing him too much pain, he had been excluded from work: ‘It was additional worry causing him stress at a time when he needed it least.

‘It affected him emotionally and financially, he was not allowed to go to work, not given any reason and not paid.’

The hearing was told that David had used up his paid sickness leave and had no other source of income.

He fell behind with payments on his car insurance and ended up being unable to drive.

David was forced to lodge a grievance with Amazon in a desperate attempt to get back to work.

This took two months for Amazon deal with while they tried to get his doctors records and David never received the results.

Amazon, who have since changed their
occupational health providers, were criticised by Mr Harper for the way
they dealt with David’s case.

Mr Harper added: ‘As an act of desperation David issued a grievance, he made it crystal clear he was suffering physically, emotionally and financially.’

Warring with a giant: The mother says after her son was sent home without pay, he fell behind on his bills ad payments

Warring with a giant: The mother says after her son was sent home without pay, he fell behind on his bills ad payments

‘Amazon would have been left in no doubt about the impact this was having on him.

‘But the delay in there obtaining the
medical notes was unacceptable and for whatever reason he never received
the results – and this was inexcusable behaviour.

Mr Harper also said that Amazon should have considered putting David on full paid medical suspension.

Speaking after the case Mrs
Peregrine-Davies said: ‘I am naturally saddened by the decision that has
been handed down by the employment tribunal today.

‘When David knew he was too ill to
return to work, it was still my son’s wish to continue to fight his case
as he felt that it might at least help others.

‘During the last few months of his
life my son was made to suffer the most awful financial and emotional
distress that added greatly to the physical difficulties that had begun
to beset him.

‘I have now done everything that I could have in an attempt to get justice for my son.

‘For me it was still worth the fight
if it serves to improve Amazon’s practices and prevents anyone else
suffering unnecessarily.’

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have been moderated in advance.

Amazon need to step up here, payout and set a president. People who are in your employ that are GENUINE and ill should receive pay to help them through the hardest times of their life. My employer would help out I’m sure
– huggy, Rochdale, 1/8/2012 14:55
Agreed………..but which President did you wish them to set? Or did you mean set a precedent?

I’ve read articles before in this and other newspapers on the inhumane working conditions in Amazon’s warehouses. They remind me of the atmosphere in 19th century workhouses. As a result I’ve stopped buying from them. Cheap often comes at a too high a cost to the workforce.

And if Amazon had made him stay and work she would be trying to sue them for that also. The scerde of no win, no fee strikes again.
– TDXI, LIVERPOOL, 01/8/2012 14:52
Try reading the article before you comment, how does’ rejected getting a solicitor’ ‘present the case herself’ translate into No Win No Fee???
The chap had a disability but WANTED to work, not like so many wasters with invented illnesses claiming DLA etc. Amazon did not put into practice policies/laws that are there to protect people with a disability. It also appears this is not about money ( again TDXI, read the article), as any money will be donated to cancer charities. This is about a promise to her dying son, that she would fight. Well done that mother and I hope you succeed in knocking arrogant Amazon down a peg or two.

The scerde of no win, no fee strikes again.- TDXI, LIVERPOOL, 01/8/2012 14:52 What a silly comment to make. No law firm would ever take on a case that had absolutely no chance of winning. Lawyers are not particularly noted for working for free. Therefore the No Win No Fee system helps those that can’t afford upfront money to seek redress and it costs the taxpayer nothing. I suggest you brush up on your spelling and leave the thinking to those more able.

Ok , let’s start again . If I work for you and for whatever reason I fall ill suffering from something which you have no part or control of and I’m not capable of work and likely to be off for goodness knows how long etc whilst trying to sustain a business to give employ to so many others and you were then sued how what would you do and think as an employer ? Ah finally , I give into punctuation , in short , you ambulance chasers , think about it . For the record , I have nothing to do with this company .

I’m sorry he’s I’ll . However to all you ambulance chasers commenting . . . . How on earth can this be the fault of the company ?

I am registered disabled and am a Teaching Assistant. Last year a new Headteacher started at the school, and she moved me from Year 5 (where I have been based for 4 years) into Year 1, knowing that I wouldn’t be able to cope with the tiny chairs and furniture because of my back and knee problems. The subsequent bullying that I suffered from her when I was forced to resign on the advice of my doctor was simply horrible. I would not wish it on anyone. I did not pursue a court case against the disibility discrimination act because I simply could not face her again and wanted to move on with my life. I hope this woman wins her case for the sake of other Amazon employees.

The monopoly commission should look into Amazon’s activities. It has become too powerful and I would like to know how much tax they are paying towards us as we are all working for Amazon or buying from it. I feel for this lady. To take on a giant with all the bureaucratic replies, it is enough to shorten her own life!

And if Amazon had made him stay and work she would be trying to sue them for that also. The scerde of no win, no fee strikes again.
– TDXI, LIVERPOOL, 01/8/2012 14:52
Silly comment – didn’t you read the report? She isn’t legally represented, therefore No Win, No Fee doesn’t come into it. And what on earth is “scerde”?

the time line seems critical here it seems it was some time before he was diagnosed , if he was working for a council or the government he could have a year off with pay but the real world don’t work that way

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