Aquarium cleaner who got 'incredibly rare' type of fish tuberculosis because he habitually bit his nails and d - Daily Mail
An aquarium cleaner who got an 'incredibly rare' form of fish tuberculosis because he habitually bit his nails has lost an unfair dismissal claim after his bosses banned him from doing the job.
Joshua Hodges quit his role at an aquatic design company in Surrey because he was told he had to work building ponds instead of cleaning and maintaining fish tanks - often in the homes of clients.
The cleaner was known to bite his nails 'very low' - to the extent that his fingers are 'regularly bleeding' - and did not wear gloves when his hands were in the water.
The medication to combat the fish tuberculosis also meant Hodges was unable to work many morning and afternoons for up to a year, the unemployment tribunal heard.
To avoid Hodges getting another bout of the disease and risk being sued because of it, the owners of Aquatechniques decided to move him to a role with minimal exposure to fish, the hearing was told.
But he was unhappy at the move, claiming he had been forced to choose between 'two evils' and sued them for unfair dismissal.
However, his case has been rejected by an employment judge who found he had not been forced to leave the job.
Mr Hodges started working for Aquatechniques in Redhill, Surrey in September 2019, the hearing in Croydon, London heard.
In mid-May 2022, Mr Hodges went to see his doctor about an infected finger.
He was referred to an infectious diseases specialist at St George's Hospital, London, who diagnosed him with an infection known as Mycobacterium Marinum, associated with fish and water.
'In fish, this causes a tuberculosis-type illness,' the tribunal heard.
'In humans, infection can occur when injured skin is exposed to water contaminated with the bacteria, and it presents as a skin infection.
'An infection of this kind is apparently incredibly rare in humans.'
The rare skin infection meant Hodges was prescribed 'high dose antibiotics' - with side effects such as 'unpleasant nausea' - for a period ranging from three months up to a year.
This resulted in him being too unwell to work in the mornings and often in the afternoons.
Business owners Emma and Simon Flood were warned by a lawyer that if Mr Hodges suffered a 'return of his condition' he could easily sue them if he were to become reinfected.
To avoid this, they reassigned him to work in the pond construction team as there was 'no, or very low, exposure to water with fish in it as part of that role'.
Mr Hodges was 'not enthusiastic' about this change in role - particularly as he had learned he was being paid less than others - and he met with his employers to tell them this.
'Mr and Mrs Flood remained resolute that he was not to return to his Fish Tank Maintenance role,' the tribunal heard.
A disputed meeting occurred which eventually resulted in Mr Hodges accepting a redundancy offer as he decided against staying in the role.
He was paid wages spanning four weeks - 'as agreed' - and his employment terminated in January 2023 'by mutual agreement'.
Mr Hodges tried to sue his former employers for unfair dismissal, breach of contract for failing to pay him notice, and unlawful deduction from wages.
But this was not upheld.
Employment Judge Kathryn Ramsden, said: '[Mr Hodges] described feeling like he was stuck between a rock and a hard place: the Floods were unwilling for him to return to the Fish Tank Maintenance role, and he did not want to continue in the Pond Construction team without a pay rise.
'This was, from [Mr Hodges] perspective, a choice between two evils, and he chose the lesser, but he was not forced to end his employment - that was still at his discretion, even though he did not like the terms on which his employment could otherwise continue.
'The Tribunal finds that [Mr Hodges] employment was terminated by mutual agreement, and should rightly be seen as such. Therefore his claims for unfair and wrongful dismissal fail.'
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