Former Newcastle United midfielder Jonas Gutierrez won his disability discrimination claim against his old club after an employment tribunal found that the Magpies had dropped the Argentine due to him developing cancer.Gutierrez had been a first-team regular prior to his diagnosis, but the tribunal concluded that “the decision made by the respondent to drop the claimant was because of the claimant’s cancer”.
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They also found the club failed to make reasonable adjustments for Gutierrez, although two other claims for unfavourable treatment and harassment brought by the player failed.
Gutierrez now plays for Deportivo La Coruna in Spain.
Then-manager Alan Pardew told the hearing in Birmingham, central England, last month that Gutierrez’s time with the club was coming to an end because he “didn’t really fit into the mould I wanted to make”.
The tribunal’s findings said: “Some inconsistency crept into Mr Pardew’s evidence when he was cross-examined about a critical conversation that purportedly took place in the summer of 2013, and his evidence was vague and generally unconvincing in relation to a further important conversation with the claimant in November/December 2014”.
“We did have concerns with regard to Mr Charnley’s evidence, which at times appeared to be evasive and lacking in credibility”.
This afternoon an employment tribunal found that Gutierrez was unfairly treated because of his cancer diagnosis.
“As he alleged, it has been determined by the tribunal that the Newcastle United board influenced team selection to prevent Jonas reaching the contractual trigger point to secure an extension to his contract and the evidence of Newcastle officials and ex-officials has been discredited”.
Gutierrez thanked fans on Twitter, posting: “I am a Geordie thanks Newcastle fans for your support”.
The footballer could now receive a large payout after winning his disability discrimination claim.
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“We recognise that the task facing the tribunal was a hard one, but we are dismayed by its decision”.
