Discrimination by the magpies - It’s not black and white

Jonas Gutierrez, who signed for Newcastle United Football Club (for the uninitiated, also known as the “magpies”) in July 2008, has brought an employment claim against his former club in the region of £2 million on the grounds of disability discrimination.

Gutierrez was diagnosed with testicular cancer in 2013 and required an operation to remove his left testicle; he is suing Newcastle United for the way the club treated him after his diagnosis. Gutierrez also alleges that Newcastle’s management increasingly influenced first team selection, to ensure that a contractual clause entitling Gutierrez to an extra season was not triggered.

The Tribunal has now retired to consider judgment which is not expected for around a month.

What chance does Gutierrez have of succeeding with his claim and what will be the impact of this case?

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Hannah Robbins

Partner - Head of Healthcare

I am a very experienced employment lawyer and advocate in tribunal. I act on the full range of contentious and non-contentious employment issues.