Agency social worker with endometriosis wins disability discrimination claim after placement cut short
An agency social worker with endometriosis had her placement terminated five weeks early due to sickness absence. The tribunal found the council directly discriminated against her and awarded £12,570.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was an agency social worker with endometriosis, a disability.
- The respondent terminated her agency placement five weeks early due to her sickness absence caused by endometriosis.
- A comparator agency worker with similar start date but no disability was retained.
- The respondent did not refer the claimant to occupational health or consider adjustments.
- The claimant secured a permanent job within a week of termination and received a positive reference.
Timeline
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Initial contact with respondent
Claimant discussed her health issues with Mrs Desmond; respondent aware of endometriosis.
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Started agency placement
Claimant commenced work as an agency social worker at Yate office.
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Supervision meeting
Mr Careswell recorded claimant's endometriosis; offered flexible working.
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Decision to terminate
Mrs Desmond decided to end claimant's contract due to sickness absence.
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Notice given
Claimant informed her contract would end on 22 November 2019.
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Contract terminated
Agency placement ended five weeks early.
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Job interview
Claimant interviewed for a permanent social worker role with CAMHS, NHS.
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Started new job
Claimant commenced permanent employment with CAMHS.
The legal issue
The tribunal had to decide whether the council directly discriminated against the agency worker because of her disability by ending her placement early due to sickness absence linked to endometriosis, and whether it treated her unfavourably because of something arising from her disability.
The outcome
The tribunal upheld claims of direct discrimination and discrimination arising from disability under the Equality Act 2010. The council had terminated the claimant's placement five weeks early because of her sickness absence caused by endometriosis, without considering adjustments or referring her to occupational health. A comparator agency worker with a similar start date but no disability was retained.
Compensation:
- Injury to feelings: £12,000
- Interest: £570.34
- Total: £12,570.34
Lessons & takeaways
- Employers should not treat agency workers less favourably because of disability-related sickness absence without considering adjustments.
- Comparing the treatment of a disabled worker with a non-disabled colleague in similar circumstances can establish direct discrimination.
- Failing to refer an employee with a known disability to occupational health or explore adjustments can be evidence of discrimination.
- Even short-service agency workers are protected from disability discrimination under the Equality Act 2010.
What this case shows
This case highlights the risks employers face when they treat disability-related sickness absence as a straightforward reason to end a placement. The agency social worker had only been with South Gloucestershire Council for about four and a half months when her endometriosis caused her to take sick leave. Instead of exploring adjustments or seeking occupational health advice, the council decided to terminate her placement five weeks early. A non-disabled agency worker who started around the same time was not treated the same way.
What the council could have done differently
The tribunal noted that the council did not refer the claimant to occupational health or consider any adjustments for her condition. A simple step like offering flexible working or a phased return might have allowed her to continue. The council also failed to compare her situation with that of a non-disabled colleague, which would have highlighted the disparity in treatment. By acting on the sickness absence without considering the underlying disability, the council fell foul of both direct discrimination and discrimination arising from disability.
Why the result matters
This decision reinforces that agency workers are entitled to the same protection from disability discrimination as permanent employees. The award of £12,570 for injury to feelings reflects the impact of the discrimination, even though the claimant quickly found a new permanent job. For employers, the message is clear: disability-related absence must be handled with care, and a failure to explore reasonable adjustments can lead to liability. For workers, it shows that even short-term placements can be the basis for a discrimination claim if the employer treats them unfairly because of their disability.
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