Nursery worker with disability unfairly dismissed and discriminated against
A nursery worker was unfairly dismissed and subjected to disability discrimination by Monkton Under 5 Playgroup. The tribunal awarded £27,676 in compensation, including £16,200 for injury to feelings.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by Monkton Under 5 Playgroup as a nursery worker.
- The claimant was dismissed on 24 September 2021.
- The claimant had a disability within the meaning of the Equality Act 2010.
- The respondent failed to make reasonable adjustments for the claimant.
- The respondent subjected the claimant to detrimental treatment because of her disability.
- The claimant's dismissal was unfair and discriminatory.
Timeline
-
Start of relevant period
The respondent committee of trustees period begins.
-
Discriminatory statement
The Playgroup Manager and first respondent told the claimant that the nursery had been closed for 3 weeks due to her fault.
-
Disciplinary/absence management process started
The claimant was subjected to a disciplinary/absence management process.
-
Refusal of help
The respondent refused or failed to provide the claimant with answers and help she requested.
-
First disciplinary hearing
The claimant was subjected to a disciplinary/absence management hearing.
-
Second disciplinary hearing
The claimant was subjected to another disciplinary/absence management hearing.
-
Dismissal and appeal dismissal
The claimant was dismissed and her appeal against dismissal was also dismissed.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the respondent discriminated against her because of her disability, including failing to make reasonable adjustments.
The outcome
The tribunal unanimously decided that the claimant was unfairly dismissed and that Monkton Under 5 Playgroup discriminated against her because of her disability.
Key reasons included:
- The playgroup failed to make reasonable adjustments such as having at least three staff on duty, putting a care plan in place, and providing breaks.
- The claimant was subjected to a disciplinary process and dismissed due to her disability.
- The respondent did not attend the hearing or provide representation.
Compensation breakdown:
- Basic award for unfair dismissal: £267.30
- Compensatory award (unfair dismissal and discrimination): £5,143.72 plus £2,337.71 (subject to recoupment)
- Interest on compensatory award: £510.71
- Injury to feelings: £16,200.00 (including 20% uplift for failure to follow ACAS code)
- Interest on injury to feelings: £3,216.92
- Total: £27,676.36
Lessons & takeaways
- Employers must consider reasonable adjustments for disabled employees, such as staffing levels and breaks.
- Disciplinary action linked to disability can amount to discrimination and unfair dismissal.
- Failure to engage with tribunal proceedings can result in a default judgment against the employer.
- Compensation for injury to feelings can be substantial, especially with an ACAS code uplift.
What this case shows
This case highlights the importance of employers making reasonable adjustments for disabled employees. The nursery worker had a disability, but the playgroup failed to put in place simple measures like having enough staff on duty, a care plan, and protected breaks. Instead, they blamed her for closures and subjected her to disciplinary hearings, ultimately dismissing her.
What the employer could have done differently
Monkton Under 5 Playgroup could have avoided this outcome by engaging with the claimant's needs. Reasonable adjustments are not optional – they are a legal requirement. The employer also failed to attend the tribunal hearing, which meant the claimant's evidence was unchallenged. A more proactive approach, including seeking advice on disability discrimination, could have prevented the case.
Why this matters
This case serves as a reminder that disability discrimination claims can succeed even when the employer is a small playgroup. The award of £16,200 for injury to feelings, plus an uplift for not following the ACAS code, shows that tribunals take such failures seriously. Employees in similar situations should know that they have rights, and employers must take reasonable adjustments seriously.
Similar cases
Welder with 20 years' service wins disability discrimination claim but has award reduced for failing to mitigate loss
A welder who resigned after his employer failed to make reasonable adjustments for his heart condition has won his unfair dismissal and disability discrimination claims. The tribunal awarded £42,334 but reduced compensation because he turned down a job offer the day after leaving.
Council failed to adjust duties for loader with depression: constructive dismissal and discrimination
A driver/loader with depression was constructively dismissed after Dacorum Borough Council refused to let him work as a loader and later changed his terms. The tribunal awarded £24,324.43.
£37,000 for disability discrimination and unfair dismissal: injury to feelings award
A former employee with six years' service has been awarded £37,003.42 after an employment tribunal found Ibco Limited discriminated against him by failing to make reasonable adjustments, harassing and victimising him, and unfairly dismissing him.
Disabled engineer unfairly dismissed by Ministry of Defence after 12 years' service
A telecommunications engineer with physical and mental health disabilities was unfairly dismissed and discriminated against by the Ministry of Defence. The tribunal awarded £147,809.69 in total damages.